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... Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Σελίδα 44των Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, William Henry Holmes, Julius Augustus Stratton, George Henry Burnett, Reuben S. Strahan, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1876Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
| Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1860 - 730 σελίδες
...record, the judgment is obviously right, and must therefore be affirmed. By the Civil Code, (sec. 30,) " every action must be prosecuted in the name of the real party in interest, except as provided in section 33." By the latter section executors, administrators, guardians, trustees of... | |
| New Jersey. Court of Chancery - 1871 - 652 σελίδες
...question involves the construction of section 111 of the New York code, which is in these words : " Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 113." Section 113 provides that an executor, administrator, or trustee... | |
| New York (State). Commissioners on Practice and Pleadings - 1848 - 904 σελίδες
...found neither too stringent for suitors, nor too loose for the purposes of substantial justice. § 91. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 93. § 92. In the case of an assignment of a thing in action, the... | |
| Samuel Owen - 1850 - 416 σελίδες
...before the MASON, J.—This motion is founded upon the 1l1th section of the amended Code, which declares that " every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 113," and the question presented is, whether the defendants are entitled,... | |
| New York (State). Commissioners on Practice and Pleadings - 1850 - 898 σελίδες
...party, defendant. New, for the purpose of defining who may be parties to actions in our courts. § 597. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 599. Amended Code, §111. § 598. In the case of an assignment of... | |
| 1851 - 520 σελίδες
...fulfilling the first part of the instructions given to the commissioners. By s. Ill, the act enacts that— "Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in s. 113. "S. 112. In the case of an assignment of a thing in action, the action... | |
| Kentucky - 1851 - 544 σελίδες
...Infants. •i. Ptrtoni nf unsound mind, and prisoners. CHAPTER 1. Parties lo actions gcitcrully. $ 57. Every action must be prosecuted in the name of the real party in interest, except as provided in section sixty. § 58. In the case of an assignment of a thing in action, the action... | |
| Kentucky - 1851 - 548 σελίδες
...Infant» . 3. I'ersont of unsound mind, and pruone.il. CHAPTER 1. Parlies to actions generally. ' § 57. Every action must be prosecuted in the name of the real party in interest, except as provided in section sixty. § 58. In the case of an assignment of a thing in action, the action... | |
| New York (State) - 1851 - 1408 σελίδες
...can it be so extended in any case longer than one year after the disability ceases. Action to §111. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in secti°n one hundred and thirteen, but this section shall not be deemed to... | |
| Nathan Howard (Jr.) - 1852 - 546 σελίδες
...proposed to be proved, the action was well brought in the name of the plaintiff. Section 111, of the Code, provides that " every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section Erickson agt. Compton. 113, &c. By section 113, "An executor or administrator,... | |
| |