 | 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... | |
 | New York (State) - Civil procedure - 1855 - 802 pages
...Wend, 151. See note to section 293 of this code. § 113. [93.] (Amended 1851.) 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 thia section, shall Ъе construed to include a... | |
 | William H. R. Wood - Law - 1857 - 834 pages
...faith, and upon good consideration before due. (3) ART. 741, Sec. 6. An executor or administrator, ] {⳱ ? 7 y or persons for whose benefit the action is prosecuted. A trustee of an express trust within the meaning... | |
 | 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
...otherwise provided in the next section." The provision of the next section is as follows : " An executor, administrator, a trustee of an express trust, or a...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... | |
 | California - Civil procedure - 1858 - 320 pages
...bank. Beckwith v. Union Bank of New York, 5 Selden, 211. 6. [1854.] An executor or administrator, or trustee of an express trust, or a person expressly...statute, may sue without joining with him the person or persons for whose benefit the action is prosecuted. A trustee of an express trust within the meaning... | |
 | Nathan Howard (Jr.) - Civil procedure - 1859 - 618 pages
...will in an action brought by the/ executors ; but by section 119, the executor or administrator or trustee of an express trust, or a person expressly...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... | |
 | California - Civil procedure - 1860 - 388 pages
...Mayram, 12 Sme. & M. 267 ; Grand Gulf Bank v. Wood, ib. 482. 6. [1854.*] An executor or administrator, or trustee of an express trust, or a person expressly...statute, may sue, without joining with him the person or persons for whose benefit the action is prosecuted. A trustee of an express trust within the meaning... | |
 | Nathan Howard (Jr.) - Civil procedure - 1860 - 692 pages
...administrators and certain trustees, and persons authorized by statute, may sue in their own names ; and a person with whom, or in whose name a contract is made, for the benefit of another, is included. These principles and provisions do not embrace the case; they relate to parties to an action;... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1861 - 774 pages
...within section 14 of the same chapter, and enable Kiniball to maintain the suit Section 14 provides that an executor or administrator, a trustee of an...person for whose benefit the action is prosecuted ; and a trustee of an express trust, within the meaning of the section, shall be construed to include... | |
 | 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 - 1861 - 590 pages
...brought in the name of the real party in interest, except, &c. 2 RS, p. 27. It adds, that an executor, administrator, a trustee of an express trust, or a...expressly authorized by statute, may sue without joining the beneficiary, &c. And 1 RS, § 12, p. 151 enacts that, "County auditors are authorized to institute... | |
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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... 
