| 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 - 1873 - 616 страници
...practice, the action 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...with him the person for whose benefit the action is brought. The interest necessary to the maintenance of an action may be separate, or joint, or in common.... | |
| Theophilus Parsons - 1873 - 884 страници
...provided that the action shall be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express...sue, without joining with him the person for whose lienetit the action is prosecuted. This i» so in New York, Code, $§111 and 113, 2 It. S., 4th ed.,... | |
| New York (State), John Townshend - 1873 - 960 страници
...R. 268 ; and see Peck v. York*, 47 Barb. 181). § 113. (Am'd 1851.) Action by executor, trustee, &c. An executor or administrator, a trustee of an express...authorized by statute, may sue, without joining with them the person for whose benefit the action is prosecuted. A trustee of an express trust, within the... | |
| Wisconsin - 1943 - 1142 страници
...represented in senate and assembly, do enact as follows: 260.15 of the statutes is amended to read : 260.15 An executor or administrator, a trustee of an express...or a person expressly authorized by statute may sue or be sued without joining with him the person for or against whose benefit the action is prosecuted... | |
| United States. Congress. House - 1873 - 1052 страници
...trust, a person with whom or in whose name a contract is made for the benefit of another, or a person authorized by statute, may sue without joining with...person for whose benefit the action is prosecuted. 3. In case of an assignment of a thing in action, the action by the assignee shall be without prejudice... | |
| New York (State) - 1875 - 498 страници
...person expressly authorized hy statute, may sne without joiuing with him the person for whose henefit the action is prosecuted. A trustee of an express trust, within the meauing of this section, shall he constrned to inclnde a person with whom or in whose name a contract... | |
| California, Theodore Henry Hittell - 1876 - 986 страници
...may sue without joining persons beneficially interested. SEC. 369. 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 whom, or in whose name, a contract... | |
| California - 1876 - 888 страници
...525. Promissory notes : 8 Cal. 260 ; 14 Cal. 94, 450. $ 309. (} 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 whom, or in whose name, a contract... | |
| Theophilus Parsons - 1876 - 856 страници
...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.... | |
| John Norton Pomeroy - 1876 - 924 страници
...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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