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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... "
Parker's Pocket Code of Civil Procedure: The New York Code of Civil ... - Page 124
by New York (State) - 1904 - 1540 pages
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...express trust, or a person expressly authorised by statute, may sue without joining with him the persons for whose benefit the action is prosecuted. A person...express trust within the meaning of this section. Amended Code, § 113. The last sentence is added toremove a doubt which has been expressed. § 600....
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The New-York Legal Observer, Volume 8

Samuel Owen - Law - 1850 - 416 pages
...Code, and are proposed to be re-enacted in the same terms—but with this additional to section 599, " a person with whom or in whose name a contract is...express trust within the meaning of this section." The commissioners add a note as follows : " Amended Code, § 113. The last sentence is added to remove...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...113.[93.] (Amended.) — Actions en autre droit. — An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute,...person for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, thall be construed to include a person...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 6

Nathan Howard (Jr.) - Civil procedure - 1852 - 546 pages
...Erickson agt. Compton. 113, &c. By section 113, "An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute,...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 Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...[93.] (Amended 1851.) Actions en autre droit. — An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute,...person for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, shall le construed to include a person...
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Reports of Cases Argued and Determined in the Court of Chancery of ..., Volume 1

New York (State). Court of Chancery, Alonzo Christopher Paige - Equity - 1854 - 762 pages
...the real parties in interest. But an executor or administrator, or a trustee of an express trust, or person expressly authorized by statute, may sue, without...person for whose benefit the action is prosecuted. (Sees. Ill, 113.) Previously an action at law. to recover chose in action, should be in the name of...
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The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - Law - 1855 - 670 pages
...an expres .• »u». trust, or a person expressly authorized by statute, may sue without EUU> 18S' joining with him the person for whose benefit the...express trust within the meaning of this section. nnsband, SEC. 6. When a married woman is a party, her husband shall be when to be ..•,.,-,! , f *t...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - Civil procedure - 1855 - 802 pages
...[93.] (Amended 1851.) Actions en autre droit. An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute,...person for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning of thia section, shall Ъе construed to include a...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 10

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 - 1858 - 666 pages
...provision of the next section is as follows : " An executor, administrator, a trustee of an express trust, or a person expressly authorized by statute,...person for whose benefit the action is prosecuted." Is the assignee of a promissory note, who may hold it as . such, without any real interest, one of...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 17

Nathan Howard (Jr.) - Civil procedure - 1859 - 618 pages
...brought by the/ executors ; but by section 119, the executor or administrator or trustee of an express trust, or a person expressly authorized by statute,...person for whose benefit the action is prosecuted. This section leaves section 111 in force, as was the object of the commissioners of the Code, when...
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