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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... "
Reports of Cases Decided in the Court of Chancery of the State of New Jersey - Page 522
by New Jersey. Court of Chancery - 1871
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...be enforced by attachment. § 80. In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs shall be recovered, as in an action by and against a person prosecuting or defending in his own...
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Merchants' Magazine and Commercial Review, Volume 21

1849 - 716 pages
...in action are now assignable,) except in the following cases : — An executor or administrator, a trustee of an express trust, or 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...
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The New-York Legal Observer, Volume 8

Samuel Owen - 1850 - 416 pages
...operation the cases enumerated in section 113, which reads as follows : " An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the persons for whose benefit the suit is prosecuted." It has been generally supposed that...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - 1850 - 920 pages
...costs to the defendant. § 881. In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs may be recovered, as in an action by and against a person prosecuting or defending in his own...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - 1851 - 530 pages
...action shall be prosecuted in the name of the real party in interest, except in case of an action by an executor, administrator or trustee of an express...trust, or a person expressly authorized by statute, without joining the person for whose benefit the suit Wallace and La Tourette agt. Eaton and others....
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

1851 - 520 pages
...party, her husband may be joined with her, except that— " S. 113. An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the persons for whose benefit the suit is prosecuted. "1. When the action concerns her separate...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - 1851 - 244 pages
...Costs against infant plaintiff, 128 317. Costs in an action by or against an executor or administrator, trustee of an express trust, or a person expressly authorized by statute to sue, 128 318. Costs on review of a decision of an inferior court, in a special proceeding, 129 319,320....
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 pages
...by attachment. § 317. (Amended.) — Costs in an action by or against an executor or administrator, trustee of an express trust, or a person expressly authorized by statute to sue. — In an action prosecuted or defended by an executor, administrator, trustee of an express...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 6

Nathan Howard (Jr.) - 1852 - 546 pages
...provided in section Erickson agt. Compton. 113, &c. By section 113, "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 action is prosecuted. A trustee of an express trust, within...
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A Compendium of the Law and Practice of Injunctions: And of ..., Volume 1

Robert Henley Eden Baron Henley - 1852 - 680 pages
...action shall be prosecuted in the name of the real party in interest, except in case of an action by an executor, administrator, or trustee of an express trust, or a person expressly nuthorb.ed by statute, without joining the person for whoso benefit the suit is prosecuted. With these...
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