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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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Reports of Cases in Law and Equity in the Supreme Court of the ..., Τόμος 37

New York (State). Supreme Court, Oliver Lorenzo Barbour - 1863
...was in no way interested in the subject matter of the action, nor an executor or administrator, or trustee of an express trust, or a person expressly authorized by statute to sue. For a third answer, the defendant alleged that on or about the 19th day of Sepember, 1859,...

Practice and Pleading in Actions in the Courts of Record in the ..., Τόμος 2

Henry Whittaker - 1863
...First inserted in 1849. § 317. 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...

Statutes at Large of the State of New York: Comprising the Revised ..., Τόμος 5

New York (State) - 1863
...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 sue. 318. Costa on review of a decision of an inferior court, in a special proceeding. 319. 320....

A Digest of New York Statutes and Reports: From the Earliest Period ..., Τόμος 4

Benjamin Vaughan Abbott, Austin Abbott - 1864
...Myers v. Machado, 6 AUoM Pr., 198. 457. Trust. Statute authority. An executor or administrator, or trustee of an express trust, or a person expressly...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...

Laws of the Territory of Idaho

Idaho - 1864
...transferred in good faith, and upon good consideration, before due. SEC. 6. An executor or administrator, 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...

Laws of the Territory of Idaho

Idaho (Ter.) - 1864
...transferred in good faith, and upon good consideration, before due. SEC. 6. An executor or administrator, 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...

The Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - 1864 - 315 σελίδες
...good consideration, before due. H TI 66 § 113. [93.] (Am'd 1851.) Action by executor, trustee, &c. An executor or administrator, a trustee of an express trust, or a person expressly authorized by statutefmay sue, without joining with him the person for whose benefit the action is prosecuted. A...

Reports of Cases in Law and Equity in the Supreme Court of the State of New York

New York (State). Supreme Court, Oliver Lorenzo Barbour - 1865
...Reynolds r. Darling. 5th ed. 655, §§ 80, 81.) And it is provided by the code, that "an executor oV administrator, a trustee of an express trust, or a...person for whose benefit the action is prosecuted." (Code, § 113.) It follows, that the sheriff properly executed the deed of the farm in question, to...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 24

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 - 1866
...be prosecuted in the name of the real party in interest," except that an executor, administrator, or trustee of an express trust, or a person expressly...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...

Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866
...transferred in good faith and upon good consideration, before due. SEC. 6. An executor or administrator, 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. SEC. 7. When a married woman is a party, her...




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