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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 Northwestern Reporter - Σελίδα 48
1913
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Reports of Cases Decided in the Court of Chancery of the State of ..., Τόμος 21

New Jersey. Court of Chancery - 1871 - 652 σελίδες
...except as otherwise provided in section 113." Section 113 provides that an executor, administrator, or trustee of an express trust, or a person expressly authorized by statute may sue without joining the person for whose benefit the suit is prosecuted. Who are the real parties in interest within the...

First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 σελίδες
...be enforced by attachment. § 80. In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs shall be recovered, as in an action by and against a person prosecuting or defending in his own...

Stryker's American Register and Magazine, Τόμος 3

1849 - 626 σελίδες
...real party in interest, except that an executor, administrator, or trustee of an express trust, or person expressly authorized by statute, may sue without...joining with him the person for whose benefit the suit was instituted. This, it will be seen, sweeps away the whole doctrine respecting assignments of...

Merchants' Magazine and Commercial Review, Τόμος 21

1849 - 710 σελίδες
...(choses in action are now assignable,) except in the following cases : — An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue in their own names, without joining the parties for whose benefit the suit is instituted. In case of...

The New-York Legal Observer, Τόμος 8

Samuel Owen - 1850 - 418 σελίδες
...operation the cases enumerated in section 113, which reads as follows : " An executor or administrator, a trustee of an express trust, or a person expressly...authorized by statute, may sue without joining with him the persons for whose benefit the suit is prosecuted." It has been generally supposed that the words "...

The Code of Civil Procedure of the State of New York

New York (State)., New York (State). Commissioners on Practice and Pleadings - 1850 - 920 σελίδες
...costs to the defendant. § 881. In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs may be recovered, as in an action by and against a person prosecuting or defending in his own...

The Law Magazine: Or, Quarterly Review of Jurisprudence, Τόμος 14;Τόμος 45

1851 - 518 σελίδες
...a party, her husband may be joined with her, except that— " S. 113. An executor or administrator, a trustee of an express trust, or a person expressly...authorized by statute, may sue without joining with him the persons for whose benefit the suit is prosecuted. "1. When the action concerns her separate property,...

Laws of the State of New York, Τόμος 2

New York (State) - 1851 - 1408 σελίδες
...the assignment of a thing IB action not arising out of contract. §113. An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, maJ sue) without joining with him the person for whose KJSiui • benefit the action is prosecuted....

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

New York (State), Henry Strong McCall - 1851 - 246 σελίδες
...Costs against infant plaintiff, 128 317. Costs in an action by or against an executor or administrator, trustee of an express trust, or a person expressly authorized by statute to sue, 128 318. Costs on review of a decision of an inferior court, in a special proceeding, 129 319,320....

The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 σελίδες
...by attachment. § 317. (Amended.) — Costs in an action by or against an executor or administrator, trustee of an express trust, or a person expressly authorized by statute to sue. — In an action prosecuted or defended by an executor, administrator, trustee of an express...




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