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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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Miscellaneous Documents: 30th Congress, 1st Session - 49th ..., Volume 1

United States. Congress. House - United States - 1873 - 1052 pages
...or in whose name a contract is made for the benefit of another, or a person authorized by statute, may sue without joining with him the 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...
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The Revised Statutes of the State of South Carolina: Prepared by ...

South Carolina - Law - 1873 - 1164 pages
...administrator, a trustee of a'n express Ğmor, trustee, i r{ls ^ 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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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 36

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 - 1873 - 616 pages
...executor, 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 brought. The interest necessary to the maintenance of an action may be separate, or joint, or in common....
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The Code of Procedure of the State of New York, as Amended to 1873: With ...

New York (State), John Townshend - Civil procedure - 1873 - 960 pages
...Harris, 7 Rob 151 ; Cummins v. L'arkakw, 4 Keyes, 514. a. As a trustee of an express trust may site without joining with him the person for whose benefit the action is brought, it follows that he may J>e sued, and that the eestui que trusts are before the court by representation...
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - Actions and defenses - 1876 - 908 pages
...executor, an 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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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 4

Austin Abbott - Civil procedure - 1857 - 608 pages
...question, section 113 authorizes the commencement of a suit by a person expressly authorized by statute without joining with him the person for whose benefit the action is prosecuted, thus vesting in the Mayor, &c., the right to sue, if, without that excepting clause, it might be doubtful...
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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - Law - 1876 - 986 pages
...prosecuted. A person with whom, or in whose name, a contract is made for the benefit of another, is f bail, that the money be refunded to him, unless in its opinion a 10.370. Married woman as party . SEC. 370. When a married woman is a party, her husband must be joined...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 5

Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1876 - 620 pages
...name, and that " a person with whom and 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." The court held that the note was an express contract to pay the plaintiff for the use of the company....
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The Code of Civil Procedure of the State of New York: Enacted 1876 and ...

New York (State), William Wait - Civil procedure - 1877 - 662 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 person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - Law - 1877 - 956 pages
...goixl consideration before due. LAWS OF MONTANA TERRITORY. for whose Iwnefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, shall l>e construed to include a person with whom or in whose name a contract is made for the benefit of...
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