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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 Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ... - Σελίδα 73
των New York (State), Member of the New York Bar - 1851 - 394 σελίδες
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The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - 1855 - 653 σελίδες
...an expres .• »u». trust, 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 with whom, or in whose name a contract is made for the benefit of another, is a trustee of an...

The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 798 σελίδες
...Costs against infant plaintiff. 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 вое. 318. Cosis on review of a decision of an inferior court, in a special proceeding. 319 )...

Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - 1857 - 871 σελίδες
...faith, and upon good consideration before due. (3) ART. 741, Sec. 6. An executor or administrator, ] {⳱ ? 7 y or persons for whose benefit the action is prosecuted. A trustee of an express trust within the meaning...

The Revised Code of the District of Columbia

District of Columbia - 1857 - 699 σελίδες
...SEC. 12. In an action prosecuted or defended by an executor, administrator, guardian, next friend, trustee of an express trust, or a person expressly authorized by statute, costs shall be recovered as in ar. action by or against a person prosecuting or defending in his own...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 10

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1858
...otherwise provided in the next section." The provision of the next section is as follows : " An executor, administrator, a trustee of an express trust, or a...person for whose benefit the action is prosecuted." Is the assignee of a promissory note, who may hold it as . such, without any real interest, one of...

The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - 1858 - 302 σελίδες
...bank. Beckwith v. Union Bank of New York, 5 Selden, 211. 6. [1854.] An executor or administrator, or trustee of an express trust, or a person expressly...statute, may sue without joining with him the person or persons for whose benefit the action is prosecuted. A trustee of an express trust within the meaning...

Practice Reports in the Supreme Court and Court of Appeals, Τόμος 17

Nathan Howard (Jr.), New York (State). Supreme Court - 1859
...will in an action brought by the/ executors ; but by section 119, the executor or administrator or trustee of an express trust, or a person expressly...person for whose benefit the action is prosecuted. This section leaves section 111 in force, as was the object of the commissioners of the Code, when...

Reports of Cases Argued and Determined in the Superior Court of the City of ...

New York (State). Superior Court (New York), Joseph S. Bosworth - 1859
...the code referred to ; and in such case, the code provides that the trustee may sue in his own name, without joining with him the person for whose benefit the action is prosecuted. It is suggested that, a payment or delivery of the notes directly to Jacobsohn would satisfy the agreement,...

The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - 1860 - 368 σελίδες
...Mayram, 12 Sme. & M. 267 ; Grand Gulf Bank v. Wood, ib. 482. 6. [1854.*] An executor or administrator, or trustee of an express trust, or a person expressly...statute, may sue, without joining with him the person or persons for whose benefit the action is prosecuted. A trustee of an express trust within the meaning...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 15

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1861
...brought in the name of the real party in interest, except, &c. 2 RS, p. 27. It adds, that an executor, administrator, a trustee of an express trust, or a...expressly authorized by statute, may sue without joining the beneficiary, &c. And 1 RS, § 12, p. 151 enacts that, "County auditors are authorized to institute...




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