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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... "
A Digest of New York Statutes and Reports: From the Earliest Period to the ... - Seite 263
von Benjamin Vaughan Abbott, Austin Abbott - 1864
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The Code of Civil Procedure of the State of California: As Adopted in 1872 ...

California - 1876 - 888 Seiten
...255, 596; 25 Cal. 539; 33 Cal. 525. Promissory notes : 8 Cal. 260 ; 14 Cal. 94, 450. $ 309. (} 6.) An executor or administrator, or trustee of an express...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...
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The Codes and Statutes of the State of California, Band 2

California, Theodore Henry Hittell - 1876 - 986 Seiten
...10.369. Executor, trustee, etc., may sue without joining persons beneficially interested. SEC. 369. 14.342 persons for whose benefit the action is prosecuted. A person with whom, or in whose name, a contract...
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - 1876 - 924 Seiten
...provision, which differ, however, very slightly. The first is : " An executor, an administrator, a trustee of an express trust, or a person expressly...sue without joining with him the person for whose lienefit the action is prosecuted. A trustee of an express trust, within the meaning of this section,...
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A Treatise on the Law of Promissory Notes and Bills of Exchange, Band 2

Theophilus Parsons - 1876 - 856 Seiten
...party ¡n interest, except that an executor or administrator, a trustee of an express trust, or а person expressly authorized by statute, may sue, without joining with him the person for whose beneh't the action is prosecuted. This is so ¡n New York, Code, §§111 and 113, 2 RS, 4th ed.. p....
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Reports of Practice Cases, Determined in the Courts of the State of ..., Band 4

Austin Abbott - 1857 - 608 Seiten
...question, section 113 authorizes the commencement of a suit by a person expressly authorized by statute without joining with him the person for whose benefit the action is prosecuted, thus vesting in the Mayor, &c., the right to sue, if, without that excepting clause, it might be doubtful...
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - 1876 - 908 Seiten
...first referred to, which provide for suits being brought by the real party in interest, and also by "a trustee of an express trust or a person expressly authorized by statute to sue," Hanna J., who delivered the opinion of the court, proceeds as follows : " Is the assignee...
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Laws of the State of New York, Band 2

New York (State) - 1877 - 572 Seiten
...Party m 8 449. EveiT action must be prosecuted in the name of interest J to sue. Trustee, etc., ma;, '' expressly authorized by statute, may sue, without...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...
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Reports of Decisions of the Supreme Court of the State of Nevada, Bände 1-2

Nevada. Supreme Court - 1877 - 1026 Seiten
...position of a trustee for them, and tho statute expressly provides that "An executor or administrator, trustee of an express trust or a person expressly authorized by statute, may sue vrithoitt joining ivitli him (he person or persons for whose benefit the action is prosecuted." (Stat....
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The Code of Civil Procedure of the State of New York: Enacted 1876 and ...

New York (State), William Wait - 1877 - 662 Seiten
...v. Crounse, 61 Barb. 289. § 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...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Band 26

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1904 - 598 Seiten
...: " In In re Estate of Van Alstine. 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 actions by and against a person prosecuting or defending in his own right;...
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