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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
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

Reports of Cases Determined in the Courts of Appeal of the State ..., Τόμος 32

1917 - 936 σελίδες
...to the suit. (Code Civ. Proc., sec. 369.) Said section provides: "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 for whose benefit the action is prosecuted. A person with whom, or in whose name, a contract...

Reports of Cases Determined in the Courts of Appeal of the State ..., Τόμος 66

1925 - 948 σελίδες
...purpose of maintaining the action. There was no necessity of joining the wife as a party plaintiff. "A person expressly authorized by statute, may sue without joining with him the persons for whose benefit the action is prosecuted." (Code Civ. Proc., sec. 369.) The petition is denied....

Proceedings ..., Τόμος 35

New York State Bar Association - 1912 - 1128 σελίδες
...action. 2. Every action is required to be prosecuted in the name of the real parties in interest. But an executor or administrator, a trustee of an express trust, or a person expressly authorized by a statute, may sue in his own name without joining with him the person for whose benefit the suit is...

Minnesota Reports: Cases Argued and Determined in the Supreme Court ..., Τόμος 1

Minnesota. Supreme Court - 1868 - 512 σελίδες
...Stat. 333) was designed for that purpose. That section provides that " a Trustee of an expressed trust may sue without joining " with him the person for whose benefit the action is prose" cuted," and it defines that " a person with whom, or in whose " name a contract is made for...

Minnesota Reports: Cases Argued and Determined in the Supreme ..., Τόμος 29

Minnesota. Supreme Court - 1883 - 624 σελίδες
...Section 12, chapter 67, provides : "In an action prosecuted or defended by an executor, administrator, or trustee of an express trust, or a person expressly authorized by statute, costs and disbursements may be recovered as in an action by and against a person prosecuting or defending...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 3

Idaho. Supreme Court - 1903 - 902 σελίδες
...(Harding v. Minear, 54 Cal. 502; Wittenbroch v. Bellmer, 57 Cal. 12.) An executor or an administrator, or 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 action is prosecuted. (Rev. Stats., sec. 4092.) Such action must be brought...

Laws of the State of Indiana

Indiana - 1881 - 844 σελίδες
...tru«- SEC. 4. An executor, administrator, a trustee of an extees, etc., how . i . -ii may sue. press trust, or a person expressly authorized by statute,...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...

Reports of Cases Argued and Determined in the Supreme Court of Ohio, Τόμος 48

Ohio. Supreme Court - 1892 - 742 σελίδες
...Statutes, sees. 1278, 1778. The code (Revised Statutes, sec. 4995) permits a trustee of an express trust to sue without joining with him the person for whose benefit the action is prosecuted, but it does not forbid such union, and by force of the decision made in this case when last before...

The New York Supplement, Τόμος 93

1905 - 1284 σελίδες
...the name. of the real party In Interest, except that an executor or administrator, a trustee of nn express trust, or a person expressly authorized by...sue, without joining with him the person for whose benoflt the action is prosecuted. A person^ with wlwi or in whose name, a contract Is made for the...

Southern Reporter, Τόμος 5

1889 - 994 σελίδες
...a contract is made for the benefit of another, or a person expressly authorized by statute, may sne without joining with him the person for whose benefit the action is prosecuted, it was the purpose of this statute to regulate the question of parties in actions at law in the cases...




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