 | New Jersey. Court of Chancery - Law reports, digests, etc - 1871 - 652 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... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...suit by the assignee, in case of the death of the assignor. § 93. An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him tho persons for whoso benefit the suit is prosecuted. § 94. When... | |
 | Commerce - 1849 - 716 pages
...in action are now assignable,) except in the following cases : — An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue in their own names, without joining the parties for whose benefit the suit is instituted. In... | |
 | New York (State). - Civil procedure - 1850 - 920 pages
...allegation be found true, the plaintiff cannot recover costs, but must pay costs to the defendant. § 881. In an action prosecuted or defended by an executor,...or a person expressly authorized by statute, costs may be recovered, as in an action by and against a person prosecuting or defending in his own right,... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...Costs not allowed when tender has been made, 374 851, Costs in nn action by or against an executor or administrator, trustee of an express trust, or a person expressly authorized by statute to sue, 375 882. Costs on a review of a decision of an inferior court, in a special proceeding, - -... | |
 | Samuel Owen - Law - 1850 - 416 pages
...operation the cases enumerated in section 113, which reads as follows : " An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the persons for whose benefit the suit is prosecuted." It has been... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...motion 128 316. Costs against infant plaintiff, 128 317. 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, 128 318. Costs on review of a decision of an inferior court, in a special proceeding, 129 319,320.... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...may be enforced by attachment. § 317. (Amended.) — 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. — In an action prosecuted or defended by an executor, administrator, trustee of an express... | |
 | Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...the name of the real party in interest, except in case of an action by an executor, administrator or trustee of an express trust, or a person expressly authorized by statute, without joining the person for whose benefit the suit Wallace and La Tourette agt. Eaton and others.... | |
 | Law - 1851 - 520 pages
...party, her husband may be joined with her, except that— " S. 113. An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the persons for whose benefit the suit is prosecuted. "1. When the... | |
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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... 
