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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... "
Indiana Digest: Decisions, [1817-1912]. - Page 303
1911
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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
...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 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
...personally, for mismanagement or bad faith in such action. A person so expressly authorized by statute may sue without joining with him the person for whose benefit the action is prosecuted. Under the direction of the court, and subject to the law imposing upon those having the care of lunatics...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 33

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 - 1871 - 636 pages
...the rule, amongst which is a trustee of an express trust, who is authorized to sue in his own name without joining with him the person for whose benefit the action is prosecuted. The present practice is substantially the same as the chancery practice, and regards the substantial...
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The Practice at Law: In Equity, and in Special Proceedings, in All ..., Volume 1

William Wait - Civil procedure - 1872 - 950 pages
...person with whom, or in whose name, a contract is made for the benefit of another, and that such trustee may sue without joining with him the person for whose benefit the action is prosecuted. Code, 113. Thus an auctioneer, who, in his own name, sells goods for a third person, is a trustee...
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Directory of Associate Attorneys of the Wilber Mercantile Agency

Wilber Mercantile Agency - Banks and banking - 1872 - 892 pages
...executor, administrator, a trustee of an expreu trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action Is prosecuted. The distinction In practice and pleading between actions at law and suits In equity Is abolished. There...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 80

United States. Supreme Court - Law reports, digests, etc - 1872 - 1546 pages
...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 action is prosecuted. A trustee of nn express trust within the meaning of this section shall be construed to include a person...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 10

Austin Abbott - Civil procedure - 1872 - 576 pages
...represents ; otherwise the right given by the Code (113), allowing the trustee of an express trust to sue without joining with him the person for whose benefit the action is prosecuted, would be meaningless. If the plaintiff sought the benefit of what Roberts accomplished in that action,...
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The Code of Civil Procedure of the State of California, Volume 1

California - Civil procedure - 1872 - 892 pages
...prosecuted. A person with whom, or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section. NOTE.— Stats. 1854, p. 84. 1. AN EXECUTOK OR ADMINISTRATOR MAT suit in his own name as executor or...
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - Civil procedure - 1872 - 774 pages
...prosecuted. A person with idiom, or in whose name, a contract is made for the benejit of апоЛег, is a trustee of an express trust, within the meaning of this section. Ejecutor or administrator: 14Cal. 117; 15 Cal. 2-Й; 16 Cal. 579; 18 Cal. 11; 23 Cal. 16. Trustee;...
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