| United States. Supreme Court - 1940 - 894 páginas
...Capacity. (a) REAL PARTY IN INTEREST. Every action shall be prosecuted in the name of th'3 real party hi interest; but an executor, administrator, guardian,...has been made for the benefit of another, or a party authorized by statute may sue in his own name without joining with him the party for whose benefit... | |
| 1856 - 598 páginas
...the enforcement of legal and equitable rights by the like form of proceeding, have directed that " every action shall be prosecuted in the name of the real party in interest, but this section shall not be deemed to authorise the assignment of a thing in action not arising out of... | |
| Iowa. Supreme Court - 1873 - 662 páginas
...administrator, a guardian, a trustee of an express trust, a party with whom or in whose name a contract is made for the benefit of another, or a party expressly...without joining with him the party for whose benefit the suit is prosecuted." Now it is clearly manifest that the plaintiff occupied neither of the relations... | |
| Thomas Foster Withrow, Edward Holcomb Stiles - 1875 - 724 páginas
...administrator, a guardian, a trustee of an express trust, a party with whom, or In whose name a contract is made for the benefit of another, or a party expressly...statute, may sue In his own name without joining with him tne party for whose benefit the suit Is prosecuted. SEC. 275Я. All persons having an Interest In the... | |
| 1878 - 488 páginas
...and therefore not entitled to prosecute this action within § 27 of the code, which provides that " Every action shall be prosecuted in the name of the real party in interest." But the operation of § 27 is modified by § 37 supra, which in effect provides that when an action is... | |
| 1884 - 938 páginas
...express trust, a party with whom or in whose name a contract is made for the benelit of another, or party expressly authorized by statute, may sue in...without joining with him the party for whose benefit the suit is prosecuted." The sheriff in this case was clearly the proper party plaintiff, as the contract... | |
| Iowa, Emlin McClain - 1884 - 940 páginas
...JJ-Jt'-27? . of an express trust, a party with whom, or tract is made for the benefit of another, or party expressly authorized by statute, may sue in...without joining with him the party for whose benefit the suit is prosecuted. C. '51, $ 1070. PARTIES TO AN ACTION. riatntlflS klllKKl. R. J2750. C. 'il, 1 1678.... | |
| 1884 - 980 páginas
...express trust, a party with whom or in whose name a contract is made for the benefit of another, or purty expressly authorized by statute, may sue in his own...without joining with him the party for whose benefit the suit is prosecuted." The sheriff in this case was clearly the proper party plaintiff, as the contract... | |
| 1915 - 1322 páginas
...interest whatever in the subject-matter of the suit, and the statute (section 1729, RS 1909) requires that every action shall be prosecuted In the name of the real party in interest. But that section says, too, except as otherwise provided in the next succeeding section. The next succeeding... | |
| Abraham Clark Freeman - 1888 - 982 páginas
...essential that they be made plaintiffs? The statute (Gen. Stats. 1878, c. 66, sec. 26) provides that " every action shall be prosecuted in the name of the real party in interest." But where there are several who are entitled to the benefit of the relief Bought, ie, several real parties... | |
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