- servant
- In older usage, a menial or domestic. In modern times, an employee performing any particular sort of service, at least service which is directed so as not to require the exercise of discretion or executive ability. 35 Am J1st M & S § 2. A person employed to perform personal service for another in his affairs and who, in respect of his physical movements in the performance of the service, is subject to the other's control or right to control. American Nat. Co. v Denke, 128 Tex 229, 95 SW2d 370, 107 ALR 409. Definitely, one who is not an independent contractor. 27 Am J1st Ind Contr § 2. As a person whose claim is entitled to priority under the Bankruptcy Act:-one who served the bankrupt in a more or less subordinate position. Re Ko-Ed Tavern (CA3 NJ) 129 F2d 806, 142 ALR 357. Within the meaning of embezzlement statutes, a servant is any person who is in the employ of another and who, in the discharge of his duties, is subject to the immediate control and direction of his employer. Private house servants or domestics, day laborers engaged to carry vegetables to market for sale and bring back the proceeds, and solicitors engaged for a salary to collect debts have been held to be such servants. 26 Am J2d Embez § 25. For meaning of the term "servant" as it appears in a designation of a beneficiary under a will, see Anno: 38 ALR 786.
Ballentine's law dictionary. Anderson, W.S.. 1998.