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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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Howard's Practice Reports in the Supreme Court and Court of Appeals ..., Band 67

Nathan Howard (Jr.), Rowland M. Stover - 1884 - 658 Seiten
...Code of Procedure provided that "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 the person prosecuted or defending in his own...
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Civil Procedure Reports: Containing Cases Under the Code of Civil ..., Band 4

1884 - 520 Seiten
..."In an action brought^ by or against an executor or administrator, in representative capacity, or the trustee of an express trust, or a person expressly authorized by statute to sue or l>e sued; or by an official assignee, the assignee of a receiver or the committee of a person...
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Reports of Cases Determined in the Supreme Court of the State of ..., Band 18

Nevada. Supreme Court - 1885 - 532 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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Rust's New York Code of Civil Procedure 1885

New York (State), Charles David Rust - 1885 - 814 Seiten
...action, brought 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 to be sued, costs must I* awarded, as in an action by or against a person, prosecuting or...
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Estee's Pleadings, Practice, and Forms: Adapted to Actions and ..., Band 1

Morris March Estee - 1886 - 728 Seiten
...the various codes provide in effect, although there is some slight difference in their language, 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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The American Decisions: Containing All the Cases of General Value ..., Band 71

1886 - 898 Seiten
...the next section." The provision of the next section is as follows: "An executor, 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." Is the assignee of a promissory note, who may hold it...
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Howard's Practice Reports: Containing Cases Under the Code of Civil ..., Band 2

New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1886 - 690 Seiten
...Procedure." regulated the recovery of 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. The same section further declared (a quotation already in part given is repeated to show its...
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The Northwestern Reporter, Band 25

1886 - 1076 Seiten
...case comes within the exceptions to the rule stated in section 2607, Rev. St., which authorizes the trustee of an express trust, or a person expressly authorized by statute, to sue without joining with him the person for whose benefit the action is brought, and " a trustee...
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The Southwestern Reporter, Band 168

1914 - 1412 Seiten
...must be brought in the name of the real party in interest, except that an executor, 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 brought." This court, in the case of State v. Parkville Co., 32 Mo....
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The American Decisions: Containing All the Cases of General Value ..., Band 91

1887 - 866 Seiten
...meaning of section 6 of the California practice act, which provides that "a trustee of an express trust may sue without joining with him the person or persons for whose benefit th« action is prosecuted." Fox v. Minor, 566. I ACTION TO RECOVER MONEY DUE INFANT MUST BE BROUGHT...
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