 | Ohio. Supreme Court - Law reports, digests, etc - 1883 - 796 pages
...March 14, 1853, regulating probate courts. Also section 25 of the Civil Code of 1852, providing that " every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 27." And also section 566 of the code in relation to actions on official... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1874 - 776 pages
...account for money due on contract. Knadler v. Sharp. It is also provided by Revision, section 2757 : " Every action must be prosecuted in the name of the real party in interest, except as provided in the next section." This language was first construed, as found in the Code of 1851,... | |
 | Ohio, George E. Seney - Civil procedure - 1874 - 896 pages
...plaintiff in execution may be substituted. SEC. 25. ACTION TO BE IN NAME OF REAL PARTY IN INTEREST. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section twenty-seven. PARTIES TO CrVTL ACTIONS. 2. An action to collect the... | |
 | New York (State). Legislature. Assembly - New York (State) - 1875 - 1090 pages
...Section one hundred and eleven of said chapter is hereby amended so as to road as follows : "§ 111. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section one hundred and thirteen ; but this section shall not be deemed to... | |
 | James H. Ingersoll - New York (N.Y.) - 1875 - 346 pages
...which " the People of this State shall be interested ; " and it is provided by the Code (Sec. Ill), " every action " must be prosecuted in the name of the real party " in interest, except as otherwise provided by Section " 113," which does not apply in this case. It cannot be maintained... | |
 | John Norton Pomeroy - Actions and defenses - 1876 - 908 pages
...of the statutory provision, which differ, however, very slightly. The first is : u An executor, an administrator, a trustee of an express trust, or a...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... | |
 | California - Civil procedure - 1876 - 888 pages
...525. Promissory notes : 8 Cal. 260 ; 14 Cal. 94, 450. $ 309. (} 6.) An executor or administrator, or trustee of an express trust, or a person expressly...authorized by statute, may sue without joining with him the persons for whose benefit the action is prosecuted. A person with whom, or in whose name, a contract... | |
 | 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
...identical with ours, in regard to the authority of a trustee to sue in his own name, and provides that "every action must be prosecuted in the name of the real party in interest," except that " a trustee of an express trust" may sue in his own name, and that " a person with whom and in whose... | |
 | Theophilus Parsons - Bills of exchange - 1876 - 856 pages
...party ¡n interest, except that an executor or administrator, a trustee of an express trust, or а person expressly authorized by statute, may sue, without joining with him the person for whose beneh't the action is prosecuted. This is so ¡n New York, Code, §§111 and 113, 2 RS, 4th ed.. p.... | |
 | Law reports, digests, etc - 1876 - 642 pages
...cannot be found. The assignment was made in the State of New York, and by the Code thereof (Sec. Ill) " Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 131, but this section shall not be deemed to authorize the assignment... | |
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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... 
