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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 Revised Statutues of the State of Indiana: Constitutions. Codes. Wills

Indiana - Law - 1888 - 1024 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. A trustee of an express trust, within the meaning of this section, shall be construed to include a...
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The New York Supplement, Volume 188

Law reports, digests, etc - 1921 - 1048 pages
...of the real party in interest, except that a trustee of an express trust may sue, without joining, the person for whose benefit the action is prosecuted, and that 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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A Treatise on the Law and Practice of Foreclosing Mortgages: On Real ...

Charles Hastings Wiltsie - Forms (Law) - 1889 - 1248 pages
...and trusts, a personal representative 1 NY Code Civ. Proc. 447. ' NY Code Civ. Proc. 440 and a trustee of an express trust may sue without joining...with him the person for whose benefit the action is prosecuted.1 There are many cases in which more than one person has an interest in the mortgage, and...
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The Northeastern Reporter, Volume 59

Law - 1901 - 1254 pages
...view of Hev. St. 1S81, 252 (BurnsRev. St. 1894, 2.У2; Homer's Rev. St. 1897. 252), declaring that the trustee of an express trust may sue without...person for whose benefit the action is prosecuted, beneficiaries of such a trust are in court whenever the trustee is. 3. One assuming to act as trustee...
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The Northeastern Reporter, Volume 62

Law - 1902 - 1224 pages
...county, by which name it may contract and be contracted with, sue and be sued. The Code provides that a trustee of an express trust may sue without joining...person for whose benefit the action Is prosecuted, lu State v. Wilson, 113 Ind. 501, 15 NE 500, a township trustee Is declared to be a trustee of an express...
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The Northeastern Reporter, Volume 70

Law - 1904 - 1278 pages
...252. supra, viz.: "That an executor, administrator, trustee of an express trust 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 person...
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The Northeastern Reporter, Volume 48

Law - 1898 - 1268 pages
...plaintiff Is not the real party in interest, and there is no statute expressly authorizing the plaintiff to sue without joining with him the person for whose benefit the action Is prosecuted, as Is the case here, such complaint la bad on demurrer for want of sufficient facts to constitute a...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 168

Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - Law reports, digests, etc - 1908 - 874 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. A trustee of an express trust, within the meaning of this section, shall be construed to include a...
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The Insurance Law Journal: Reports of All Decisions ..., Volume 10; Volume 30

Insurance law - 1901 - 1168 pages
...in the absence of any statute to the contrary. As trustee of an express trust, the general assignee may sue without joining with him the person for whose benefit the action is prosecuted: Code Civ. Proc., 449. The plaintiff contends that the action is for the benefit of the assignor....
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The Southeastern Reporter, Volume 54

Law reports, digests, etc - 1906 - 1076 pages
...made parties, was said by the plaintiff to be fully answered by the statute which provides that "a trustee of an express trust may sue without joining...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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