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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... "
The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ... - Página 73
por New York (State), Member of the New York Bar - 1851 - 394 páginas
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The Code of Procedure of the State of New York, as Amended to 1870: With ...

New York (State) - 1870 - 861 páginas
...; 20 o. 630, 632). See section 321, post. § 1 13. (Am'd 1851.) Action Ъу executor, trustee, &c. An executor or administrator, a trustee of an express trust, or a person expressly authorized Ъу statute, may sue, without joining with them the person for whose benefit the action is prosecuted....
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Practice Reports in the Supreme Court and Court of Appeals, Volumen38

Nathan Howard, New York (State). Supreme Court - 1870
...provided that in these cases the executory, or statutory party, or trustee of an express trust, might sue without joining with him the person for whose benefit the action was prosecuted (Code, § 113). The term <trustee of an express trust,' had, however, acquired a technical...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volumen56

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1870
...provided that in these cases the executor or statutory party or trustee of an express trust, might sue without joining with him the person for whose benefit the action was prosecuted. (Code, § 113.) The term "trustee of an express trust" had however acquired a technical...
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The Physical diagnosis of brain disease

Reuben A. Vance - 1871 - 8 páginas
...The New York Code has still further enlarged the power of the committee to sue. It is enacted that a trustee of an express trust, or a person expressly...person for whose benefit the action is prosecuted, and that " a trustee of an express trust," shall be construed to mean a person with whom, or in whose...
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Reports of Cases Argued and Determined in the Court of Chancery ..., Volumen6

New Jersey. Court of Chancery - 1871
...except as otherwise provided in section 113.' Section 113 provides that an executor, administrator, or trustee of an express trust, or a person expressly authorized by statute may sue without joining the person for whose benefit the suit is prosecuted. Who are the real parties in interest within the...
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The Code of Procedure of the State of New York: As Amended to 1871, with ...

New York (State)., William Wait - 1871 - 975 páginas
...prosecutes the action is not the real party in interest, nor is he an executor or administrator, or a trustee of an express trust, or a person expressly authorized by statute to кие, without joining with him the person for whose benefit the suit is prosecuted;" held bad,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volumen33

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 - 1871
...the rule, amongst which is a trustee of an express trust, who is authorized to sue in his own name without joining with him the person for whose benefit the action is prosecuted. The present practice is substantially the same as the chancery practice, and regards the substantial...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volumen34

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 - 1872
...authorize the assignment of a thing in action not arising out of contract." " SEC. 4. An executor, administrator, a trustee of an express trust, or a...trustee of an express trust, within the meaning of this seetion, shall be construed to include a person with -whom, or in whose name, a contraet is made for...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volumen80

United States. Supreme Court - 1872
...interest, except as otherwise provided in section 118." The exception of this 113th section is that: " An executor or administrator, a trustee of an express...person for whose benefit the action is prosecuted." And by the same section: "A trustee of an express trust within the meaning of this Statement of the...
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Directory of Associate Attorneys of the Wilber Mercantile Agency

Wilber Mercantile Agency - 1872
...name of the real party In Interest, except that an executor, administrator, a trustee of an expreu trust, or a person expressly authorized by statute,...person for whose benefit the action Is prosecuted. The distinction In practice and pleading between actions at law and suits In equity Is abolished. There...
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