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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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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1885 - 732 pages
..."every action must be prosecuted in the name of the real party in interest " (Sec. 2605), is that " a trustee of an express trust * * * may sue without...person for whose benefit the action is prosecuted." Sec. 2007. " A trustee of an express trust, within the meaning of this section," must "be construed...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 61

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1885 - 772 pages
..."every action must be prosecuted in the name of the real party in interest" (sec. 2605, RS), is that "a trustee of an express trust . . . may sue without...person for whose benefit the action is prosecuted." Sec. 2607. "A trustee of an express trust, within the meaning of this section," must "be construed...
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Parties to Mortgage Foreclosures and Their Rights and Liabilities in ...

Charles Hastings Wiltsie - Foreclosure - 1885 - 364 pages
...party in interest, except that since the abolition of uses and trusts a personal representative and a trustee of an express trust may sue without joining...with him the person for whose benefit the action is prosecuted.There are many cases in which more than one person has an interest in the mortgage, and...
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The Northwestern Reporter, Volume 21

Law reports, digests, etc - 1885 - 1062 pages
...sue without joining with him the person for whose benefit the action is prosecuted." Section 2007. "A trustee of an express trust, within the meaning of this section," must "be construed to include a person with whom, or in whose name, a contract is made for the benefit...
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The Pacific Reporter, Volume 9

Law reports, digests, etc - 1886 - 988 pages
...transfer is of the entire interest. • By Section 369 of the Code of Civil Procedure it is provided : "A trustee of an express trust may sue without joining...person for whose benefit the action is prosecuted." Williams was not a trustee of an express trust, but if he were, the Code only permits the non-joinder....
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Estee's Pleadings, Practice, and Forms: Adapted to Actions and ..., Volume 1

Morris March Estee - Civil procedure - 1886 - 728 pages
...institute actions tinder the general authority conferred by statute.3 But the provision that an executor may sue, without joining with him the person for whose benefit the action is prosecuted, has no application in case of an action for the construction of a will.3 In California, it is also...
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The American Decisions: Containing All the Cases of General Value ..., Volume 71

Law reports, digests, etc - 1886 - 898 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 prosecuted." Is the assignee of a promissory note, who may hold it и such without any real interest, one of that...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 64

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1886 - 770 pages
...ES, which authorizes a trustee of an express trust, or a person expressly authorized by statute, to sue without joining with him the person for whose benefit the action is brought, and "a trustee of an express trust, within the meaning of this section, shall be construed...
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The Northwestern Reporter, Volume 25

Law reports, digests, etc - 1886 - 1076 pages
...St., which authorizes the trustee of an express trust, or a person expressly authorized by statute, to sue without joining with him the person for whose benefit the action is brought, and " a trustee of an express trust, within the meaning of this section, shall be construed...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 100

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - Law reports, digests, etc - 1886 - 778 pages
...contract is made for the benefit of another is to be deemed a trustee of an express trust and permitted to sue without joining with him the person for whose benefit the action was prosecuted ( 449), but it cannot be supposed that such a person would be embraced within the...
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