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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... "
New York Field Codes 1850-1865 - Σελίδα 243
των New York (State). Commissioners of the Code, David Dudley Field - 1998 - 887 σελίδες
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The Code of Civil Procedure of the State of New York: Reported ..., Τόμος 2

New York (State). - 1850 - 920 σελίδες
...of the real party in interest, except as otherwise provided in section 599. Amended Code, $111. § 598. In the case of an assignment of a thing in action,...her husband must be joined with her, except that, 1. When the action concerns her separate property, she may sue alone : 2. When the action is between...

The Code of Civil Procedure of the State of New-York

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...section. Amended Code, § 113. The last sentence is added toremove a doubt which has been expressed. § 600. When a married woman is a party, her husband must...

The New-York Legal Observer, Τόμος 8

Samuel Owen - 1850 - 418 σελίδες
...Code, and are 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...express trust within the meaning of this section." The commissioners add a note as follows : " Amended Code, § 113. The last sentence is added to remove...

The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - 1855 - 670 σελίδες
...or a person expressly authorized by statute, may sue without EUU> 18S' joining with him the person for whose benefit the action is prosecuted. A person...express trust within the meaning of this section. nnsband, SEC. 6. When a married woman is a party, her husband shall be when to be ..•,.,-,! , f *t...

Practice Reports in the Supreme Court and Court of Appeals, Τόμος 20

Nathan Howard (Jr.) - 1860 - 692 σελίδες
...administrators and certain trustees, and persons authorized by statute, may sue in their own names ; and a person with whom, or in whose name a contract is made, for the benefit of another, is included. These principles and provisions do not embrace the case; they relate to parties to an action;...

The Code of Civil Procedure: Of the State of California, Μέρος 3

California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 σελίδες
...extfresslv author- etc., may sue without ized by statute, may sue without joining with him tbe ^JJJJ1*, persons for whose benefit the action is prosecuted....express trust, within the meaning of this section. when a 370. (§ 7.) When a married woman is a partv. married x ' woman is*, her husband must be joined...

The Code of Civil Procedure of the State of California: As Adopted in 1872 ...

California - 1876 - 888 σελίδες
...6.) An executor or administrator, or trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the persons...express trust, within the meaning of this section. Executor or administrator: HOI. 117; 15 Cal. 259; 16 Cal. 579; 18 Cal. 11 ; 23 Cal. 16. Trustee : 18...

The Codes and Statutes of the State of California, Τόμος 2

California, Theodore Henry Hittell - 1876 - 986 σελίδες
...369. An executor or administrator, or trustee of an express trust, or a person expressly authorized the effect that if the defendant reco 10.370. Married woman as party . SEC. 370. When a married woman is a party, her husband must be joined...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 5

Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1876 - 620 σελίδες
...except that " a trustee of an express trust" may sue in his own name, and that " a person with whom and in whose name a contract is made for the benefit of...express trust within the meaning of this section." The court held that the note was an express contract to pay the plaintiff for the use of the company....

Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - 1876 - 908 σελίδες
...trust. In the light of this analysis of the expression as a term of legal import, it is plain that " a person with whom or in whose name a contract is made for the benefit of another," is not necessarily a trustee. He may be ; and whether he is or is not, must depend entirely upon the nature...




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