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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 California Practice Act: Being an Act Entitled "An Act to Regulate ... - Seite 37
von California, Henry Jacob Labatt - 1858 - 302 Seiten
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Reports of Cases Decided in the Court of Chancery of the State of ..., Band 21

New Jersey. Court of Chancery - 1871
...party in interest, except as otherwise provided in section 113." Section 113 provides that an executor, administrator, or trustee of an express trust, or...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...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848
...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...
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Merchants' Magazine and Commercial Review, Band 21

1849
...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...
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Stryker's American Register and Magazine, Band 3

1849
...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...
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The New-York Legal Observer, Band 8

Samuel Owen - 1850
...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 "...
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The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - 1850 - 791 Seiten
...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...
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The Law Magazine, Or, Quarterly Review of Jurisprudence

1851
...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,...
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Practice Reports in the Supreme Court and Court of Appeals, Band 5

Nathan Howard, New York (State). Supreme Court - 1851
...be prosecuted in the name of the real party in interest, except in case of an action by an executor, administrator or trustee of an express trust, or a person expressly authorized by statute, without joining the person for whose benefit the suit Wallace and La Tourette agt. Eaton and others....
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New York Bar - 1851 - 394 Seiten
...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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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - 1851 - 204 Seiten
...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....
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