 | New Jersey. Court of Chancery - Law reports, digests, etc - 1871 - 652 pages
...question involves the construction of section 111 of the New York code, which is in these words : " Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 113." Section 113 provides that an executor, administrator, or trustee... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...found neither too stringent for suitors, nor too loose for the purposes of substantial justice. § 91. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 93. § 92. In the case of an assignment of a thing in action, the... | |
 | Commerce - 1849 - 716 pages
...real party in interest, (choses in action are now assignable,) except in the following cases : — An executor or administrator, a trustee of an express...a person expressly authorized by statute, may sue in their own names, without joining the parties for whose benefit the suit is instituted. In case of... | |
 | History, Modern - 1849 - 626 pages
...real party in interest, except that an executor, administrator, or trustee of an express trust, or person expressly authorized by statute, may sue without...joining with him the person for whose benefit the suit was instituted. This, it will be seen, sweeps away the whole doctrine respecting assignments of... | |
 | Samuel Owen - Law - 1850 - 416 pages
...MASON, J.—This motion is founded upon the 1l1th section of the amended Code, which declares that " every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 113," and the question presented is, whether the defendants are entitled,... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...party, defendant. New, for the purpose of defining who may be parties to actions in our courts. § 597. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 599. Amended Code, §111. § 598. In the case of an assignment of... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...SCR 23See note to section 293, of this code. § 113.[93.] (Amended.) — Actions en autre droit. — An executor or administrator, a trustee of an express...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... | |
 | Law - 1851 - 520 pages
...fulfilling the first part of the instructions given to the commissioners. By s. Ill, the act enacts that— "Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in s. 113. "S. 112. In the case of an assignment of a thing in action, the action... | |
 | New York (State) - Session laws - 1851 - 1408 pages
...can it be so extended in any case longer than one year after the disability ceases. Action to §111. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in secti°n one hundred and thirteen, but this section shall not be deemed to... | |
 | Kentucky - Session laws - 1851 - 544 pages
...Infants. •i. Ptrtoni nf unsound mind, and prisoners. CHAPTER 1. Parties lo actions gcitcrully. $ 57. Every action must be prosecuted in the name of the real party in interest, except as provided in section sixty. § 58. In the case of an assignment of a thing in action, the action... | |
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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... 
