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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 American Decisions: Containing All the Cases of General Value and ... - Page 316
1886
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Stryker's American Register and Magazine, Volume 3

History, Modern - 1849 - 626 pages
...real party in interest, except that an executor, administrator, or trustee of an express trust, or person expressly authorized by statute, may sue without...joining with him the person for whose benefit the suit was instituted. This, it will be seen, sweeps away the whole doctrine respecting assignments of...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...to section 293, of this code. § 113.[93.] (Amended.) — Actions en autre droit. — An executor or administrator, a trustee of an express trust, or a...person for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, thall be construed to include a...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - Civil procedure - 1851 - 266 pages
...trustee of an express Executor, trust, or a person expressly authorized by statute, may sue,\run"l, may sue without joining with him the person for whose benefit the ac- without tion is prosecuted. A trustee nfan express trust, within themeaning of this section, shall...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 6

Nathan Howard (Jr.) - Civil procedure - 1852 - 546 pages
...except as otherwise provided in section Erickson agt. Compton. 113, &c. By section 113, "An executor or administrator, a trustee of an express trust, or a...person for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, shall be construed to include a...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...section 293 of this cod«. § 113. [93.] (Amended 1851.) Actions en autre droit. — An executor or administrator, a trustee of an express trust, or a...person for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, shall le construed to include a...
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Reports of Cases Argued and Determined in the Court of Chancery of ..., Volume 1

New York (State). Court of Chancery, Alonzo Christopher Paige - Equity - 1854 - 762 pages
...the real parties in interest. But an executor or administrator, or a trustee of an express trust, or person expressly authorized by statute, may sue, without...person for whose benefit the action is prosecuted. (Sees. Ill, 113.) Previously an action at law. to recover chose in action, should be in the name of...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - Civil procedure - 1855 - 802 pages
...note to section 293 of this code. § 113. [93.] (Amended 1851.) Actions en autre droit. An executor or administrator, a trustee of an express trust, or a...person for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning of thia section, shall Ъе construed to include...
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The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - Law - 1855 - 670 pages
...an expres .• »u». trust, or a person expressly authorized by statute, may sue without EUU> 18S' joining with him the person for whose benefit the action is prosecuted. A person with whom, or in whose name a contract is made for the benefit of another, is a trustee of...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - Law - 1857 - 834 pages
...faith, and upon good consideration before due. (3) ART. 741, Sec. 6. An executor or administrator, ] {⳱ ? 7 y or persons for whose benefit the action is prosecuted. A trustee of an express trust within the meaning...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 10

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 - 1858 - 666 pages
...that right, under § 3, 2 R. S. p. 27, which is as follows: "Every action must be prosecuted in the name of the real party in interest, except as otherwise...the assignee of a promissory note, who may hold it as . such, without any real interest, one of that class of persons here referred to as being "expressly...
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