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

North Carolina. Supreme Court - Law reports, digests, etc - 1876 - 886 pages
...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...
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The Code of Procedure of the State of New York as Amended by the Legislature ...

New York (State). - Civil procedure - 1869 - 280 pages
...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 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: From 1848 to 1871 ...

Civil procedure - 1870 - 378 pages
...for whose benefit the suit is prosecuted. (Am'd in 1851.) § 113. (As am'd in 1851.) 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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Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - Constables - 1870 - 858 pages
...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...
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Acts, Resolutions and Memorials Passed at the Annual Sessions of the ...

Utah (Ter.) - Law - 1870 - 162 pages
...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...
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The Code of Procedure of the State of New York, as Amended to 1870: With ...

New York (State), John Townshend - Civil procedure - 1870 - 896 pages
...Seady. Harris, 7 Rob 151 ; Cummins v. lïarkalow, 4 Keyes, 514. n. As a trustee of an express trust may sue without joining with him the person for whose benefit the action is brought, it follows that he may Ъе mied, and that the ceatui que trusts are before the court by representation...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 56

Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1870 - 722 pages
...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...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 38

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...
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The Code of Procedure of the State of New York: As Amended to 1871, with ...

New York (State), William Wait - Civil procedure - 1871 - 1034 pages
...(Am'd 1851.) Executor or trustee may sue without the persons beneficially interested. 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 Physical diagnosis of brain disease

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...
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