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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 Code of Procedure of the State of New York, as Amended to 1866, with ... - Страница 102
по New York (State) - 1867 - 1063 страници
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North Carolina Reports: Cases Argued and Determined in the Supreme ..., Том 68

North Carolina. Supreme Court - 1873 - 626 страници
...real party in interest, except as otherwise provided in sec. 57. This section is in these words : " An executor or administrator, a trustee of an express...person for whose benefit the action is prosecuted,'' &c. It cannot be pretended that this case falls within the exceptions mentioned in this section ; and...

North Carolina Reports: Cases Argued and Determined in the Supreme ..., Том 74

North Carolina. Supreme Court - 1876 - 886 страници
...57: "An executor or administrator, a trustee of </« express trust, or a person expressly authorize.! by statute, may sue without joining with him the person for whose benefit the action is prosecuted," and relied on \\'illty v. (jutlimj, 70 Is. C. Rep. 410, to support his prosecution. In that case Willey...

The Code of Procedure of the State of New York as Amended by the Legislature ...

New York (State). - 1869 - 280 страници
...note or bill of exchange, transferred in good faith, and upon good consideration, before due. § 113. An executor or administrator, a trustee of an express trust, or a person expressly authori2ed by statute, may sue, without joining with him the person for whose benefit the action is...

Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - 1870 - 858 страници
...name. 26 Cal. 633. \ Executors, Administrators and Trustees SEC. 18. An executor or administrator, or trustee of an express trust, or a person expressly...statute, may sue without joining with him the person or persons for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning...

Acts, Resolutions and Memorials Passed at the Annual Sessions of the ...

Utah (Ter.) - 1870 - 162 страници
...transferred in good faith, and upon good consideration, before due. SEC. 6. An executor, or administrator, or trustee of an express trust, or a person expressly...statute, may sue without joining with him the person or persons for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning...

The Code of Procedure of the State of New York, 1870: With Art. VI of the ...

1870 - 288 страници
...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 for the henefit of another....

The Code of Procedure of the State of New York, as Amended to 1870: With ...

New York (State), John Townshend - 1870 - 896 страници
...; 20 o. 630, 632). See section 321, post. § 1 13. (Am'd 1851.) Action Ъу executor, trustee, &c. An executor or administrator, a trustee of an express trust, or a person expressly authorized Ъу statute, may sue, without joining with them the person for whose benefit the action is prosecuted....

Practice Reports in the Supreme Court and Court of Appeals, Том 38

Nathan Howard (Jr.) - 1870 - 680 страници
...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...

Reports of Cases in Law and Equity in the Supreme Court of the State ..., Том 56

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1870 - 722 страници
...provided that in these cases the executor 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...

The Physical diagnosis of brain disease

Reuben A. Vance - 1871 - 260 страници
...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...




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