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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 58
1887
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Reports of Cases in the Supreme Court of Nebraska, Τόμος 62

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1902 - 1050 σελίδες
...prior decisions of this court. Section 32 of the Code of Civil Procedure provides that a person with whom or in whose name a contract is made for the benefit of another may bring an action without joining with him the person for whose benefit it is prosecuted. In Stoll...

The Code of Procedure of the State of New York: As Amended to 1871, with ...

New York (State), William Wait - 1871 - 1034 σελίδες
...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. I. ACTIONS BY EXECUTOR OR ADMINISTRATOR. a. Foreign executors. — A foreign executor or administrator...

The Physical diagnosis of brain disease

Reuben A. Vance - 1871 - 260 σελίδες
...is prosecuted, and that " a trustee of an express trust," shall be construed to mean a person with whom, or in whose name, a contract is made for the benefit of another. It has been held that the committee of an insane person is the trustee of an express trust, within...

Reports of Cases Heard and Determined by the Supreme Court of ..., Τόμος 100

South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1915 - 614 σελίδες
...the defendant here. The Pullman Company, if indeed it is a party to the contract, is merely a person in whose name a contract is made for the benefit of another; and the defendant is that other and is the real party in interest ; and now and here actually claiming...

Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Τόμος 80

United States. Supreme Court - 1872 - 1546 σελίδες
...within the meaning of this Statement of the case. section, shall be construed to include a person with whom or in whose name a contract is made for the benefit of another." Other sections of the code make provisions which may be referred to. Thus, the 117th enacts thnt: "All...

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

California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 σελίδες
...without joining with him tbe ^JJJJ1*, 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. when a 370. (§ 7.) When a married...

The Practice at Law: In Equity, and in Special Proceedings, in All ..., Τόμος 1

William Wait - 1872 - 950 σελίδες
...separately. The Code provides that a trustee of an express trust shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another, and that such trustee may sue without joining with him the person for whose benefit the action is prosecuted....

Miscellaneous Documents: 30th Congress, 1st Session - 49th Congress ..., Τόμος 1

United States. Congress. House - 1873 - 1052 σελίδες
...prosecuted or defended by an executor, administra tor, guardian, trustee of any express trust, a person with whom, or in whose name, a contract is made for the benefit of another, or a person authorized by statute, costs shall be recovered as in an action by or against a person prosecuting...

Reports of Cases in Law and Equity, Determined in the Supreme ..., Τόμος 33

Iowa. Supreme Court - 1873 - 662 σελίδες
...as follows : " An executor or administrator, a guardian, a trustee of an express trust, a party with whom or in whose name a contract is made for the benefit of another, or a party expressly authorized by statute, may sue in his own name, without joining with him the party...

The Revised Statutes of the State of South Carolina: Prepared by ...

South Carolina - 1873 - 1164 σελίδες
...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. SEC. 137. When a married woman is a party, her husband must os ^° n a b5 n *" r '! be joined with...




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