EX PARTE

On one side only; by or for one party; done for, in behalf of, or on the application of,. one party only. A judicial proceeding, order, injunctij:>n, etc., is said to be e//J parte when it is taken or granted all the instance and for the benefit of one party only, and without,notice to, or contestation by, any person adversely interested. "Ex parte," in the heading of a reported case, signifies that the name following is that of the party upon whose application the case is heard. In its primary sense, e~ fKU'te, as applied to an application in a judicial proceeding, means that it is made by a person who is not a party to the proceeding, but who has an interest in the matter which entitles him to make the application. Thus, in a bankruptcy proceeding or an administration action, an application by A. B., a creditor, or the like, would be described as made "ea, pa,rte A. B.,",. e., on the part of A. B. In its more usual sense, e111 parte means that an application is made by one party to a proceeding in the absence of the other. Thus, an eaJ parte injunction is one granted without the opposite party having had notice of the applica• tion. It would not be called "e111 parte" if he had proper notice of it, and chose n t to appear to oppose it. Sweet. EX PARTE MATERNA, On ·the mother's side; of the maternal line.,EX P: [s. 458]