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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 35
von California - 1858 - 302 Seiten
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The New York Justice's Manual, Containing All the Laws of the State Relating ...

New York (State) - 1881 - 946 Seiten
...interest to name of the real party in interest, except that an executor or admineteu?li£ay istrator, a trustee of an express trust, or a person expressly...statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 Seiten
...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...statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made...
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A Digest of the Laws of the State of Florida: From the Year One Thousand ...

Florida - 1881 - 1354 Seiten
...trust, including a person with Venuewhom or in whose name a contract is made for the benefit of another, or a person expressly authorized by statute, may sue without joining with him the person for whose benefit the action is prosecuted, (y) SBO. 73. If there be two or more plaintiffs or defendants,...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Band 53

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1882 - 764 Seiten
...states that costs shall be recovered in actions prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, as in an action by or against a person prosecuting in his own right, unless otherwise specially provided;...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Band 92

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1883 - 820 Seiten
...that, "In an action by or against an executor or administrator in his representative capacity, or the trustee of an express trust, or a person expressly authorized by statute to sue or be sued * * * costs are exclusively chargeable upon and collectible from the estate, fund...
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The Pacific Reporter, Band 16

1888 - 1022 Seiten
...such officer in his official capacity." Section 961. The Code of Civil Procedure also provides that: "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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Federal Decisions: Cases Argued and Determined in the Supreme ..., Band 3

1884 - 1126 Seiten
...party in interest, except as otherwise provided in section 113; and section 113, which provides that a trustee of an express trust, or a person expressly...statute, may sue without joining with him the person for whose benefit the action is prosecuted. The plaintiff was appointed receiver by the comptroller...
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The Pacific Reporter, Band 43

1896 - 1212 Seiten
...prosecuted In the name of the real party in Interest, provided, an executor or administrator, or a trustee of an express trust, or a person expressly...statute, may sue without joining with him the person for whose benefit the action is brought. A person with whom or in whose name a contract for the benefit...
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The Pacific Reporter, Band 1

1884 - 934 Seiten
...plaintiff and his grantors created any trust, it was an express trust, and the trustee of an express trust may sue without joining with him the person or persons for whose benefit the action is prosecuted. But the evidence introduced at the trial was incompetent to establish an express trust. Section 55...
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The Pacific Reporter, Band 186

1920 - 1148 Seiten
...party in interest except as provided in section 369. Section 369 provides, among other things, that a person expressly authorized by statute may sue without joining with him the persons for whose benefit the action is prosecuted. Such cases as the present clearly come within this...
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