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" Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit... "
The South Western Reporter - Σελίδα 60
1887
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

Reports of Civil and Criminal Cases Decided by the Court ..., Τόμος 22;Τόμος 129

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell, Thomas Bell Monroe, John James Marshall, James Greene Dana, Benjamin Monroe, James P. Metcalfe, Alvin Duvall, William Pope Duvall Bush, John Rodman, Edward Warren Hines, Charles Cyrus Turner, Thomas Lewis Edelen, Thomas Robert McBeath, Robert G. Higdon, T. M. Jones, Amos Hall Eblen - 1909
...authorized to institute it. But section 21, Civ. Code Prac., provides that a person expressly authorized to do so may bring an action without joining with him the person for whose benefit it is brought. As the statute makes it the duty of a county superintendent to bring suit upon the bond, perhaps...

The New-York Legal Observer, Τόμος 8

Samuel Owen - 1850
...proposed to be re-enacted in the same terms—but with this additional to section 599, " a person with whom or in whose name a contract is made for the benefit of another, is a trustee of an express trust within the meaning of this section." The commissioners add a note...

The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - 1850 - 791 σελίδες
...sue without joining with him the persons for whose benefit the action is prosecuted. A person with whom, or in whose name, a contract is made, for the benefit of another, is a trustee of an express trust within the meaning of this section. Amended Code, $ 113. The last...

Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Τόμος 1

Kentucky - 1851
...the costs. § 60. An executor, administrator, guardian, trustee of an express trust, a person with whom, or in whose name, a contract is made for the benefit of another, or a person expressly authorized by statute to do so, may bring an action, without joining with him the...

Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851
...the costs. § 60. An executor, administrator, guardian, trustee of an express trust, a person with whom, or in whose name, a contract is made for the benefit of another, or a person expressly authorized by statute to do so, may bring an action, without joining with him the...

The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 207 σελίδες
...nfan express trust, within themeaning of this section, shall be construed to include a person with whom or in whose name a contract is made for the benefit of another. §114. When a married woman is a party, her husband^™ moiried women isa 1. When the action concerns...

Laws of the State of New York

New York (State) - 1851
...interested, trust, within the meaning of this section, shall be construed to include a person with whom or in whose name a contract is made for the benefit of another. ^1^ § 1 14. When a married woman is a party, her husband woman i»a must be joined with her, except...

Practice Reports in the Supreme Court and Court of Appeals, Τόμος 6

Nathan Howard (Jr.), New York (State). Supreme Court - 1852
...of an express trust, within the meaning of this section, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another." It was not necessary for the plaintiff, as it would have been before the Code to show that the contract...

Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 869 σελίδες
...extent of signification is attributed to the term " trustee of an express trust ;" and all parties, with whom or in whose name a contract is made for the benefit of another, are expressly declared to be included within it. This amendment is in accordance with the views previously...

Wisconsin Session Laws

Wisconsin - 1853
...trust, within the meaning of this section, shall be con- tatereated. strued to include a person with whom or in whose name a contract is made for the benefit of another. SEO. 18. When a married woman ia a party, her bus- When a marband must be joined with her, except that...




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