 | Statutes - 1870 - 288 pages
...person expressly authorized hy statute, may sue without joining with him the person for whose henefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, shall he construed to inclnde a person with whom or in whose name a contract is made... | |
 | Nathan Howard (Jr.) - Civil procedure - 1870 - 680 pages
...provided that in these cases the executory, or statutory party, or trustee of an express trust, might sue without joining with him the person for whose benefit the action was prosecuted (Code, § 113). The term <trustee of an express trust,' had, however, acquired a technical... | |
 | Reuben A. Vance - 1871 - 260 pages
...The New York Code has still further enlarged the power of the committee to sue. It is enacted that a trustee of an express trust, or a person expressly...person for whose benefit the action is prosecuted, and that " a trustee of an express trust," shall be construed to mean a person with whom, or in whose... | |
 | New Jersey. Court of Chancery - Equity - 1871 - 670 pages
...except as otherwise provided in section 113.' Section 113 provides that an executor, administrator, or trustee of an express trust, or a person 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... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1871 - 636 pages
...the rule, amongst which is a trustee of an express trust, who is authorized to sue in his own name without joining with him the person for whose benefit the action is prosecuted. The present practice is substantially the same as the chancery practice, and regards the substantial... | |
 | New York (State), William Wait - Civil procedure - 1871 - 1034 pages
...prosecutes the action is not the real party in interest, nor is he an executor or administrator, or a trustee of an express trust, or a person expressly authorized by statute to кие, without joining with him the person for whose benefit the suit is prosecuted;" held bad,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1872 - 1546 pages
...interest, except as otherwise provided in section 118." The exception of this 113th section is that: " An executor or administrator, a trustee of an express...person for whose benefit the action is prosecuted." And by the same section: "A trustee of an express trust within the meaning of this Statement of the... | |
 | Wilber Mercantile Agency - Banks and banking - 1872 - 892 pages
...name of the real party In Interest, except that an executor, administrator, a trustee of an expreu trust, or a person expressly authorized by statute,...person for whose benefit the action Is prosecuted. The distinction In practice and pleading between actions at law and suits In equity Is abolished. There... | |
 | California - Civil procedure - 1872 - 774 pages
...525. Promissory notée: 8 Cal. 260; 14 Cal. 94, 450. $ 360. (} 6.) 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 idiom, or in whose name, a contract... | |
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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... 
