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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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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 10

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 - 1858 - 666 pages
...the next section." The provision of the next section is as follows : " An executor, 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." Is the assignee of a promissory note,...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 17

Nathan Howard (Jr.) - 1859 - 618 pages
...real parties under a will in an action brought by the/ executors ; but by section 119, the executor or administrator or trustee of an express trust, or a...expressly authorized by statute, may sue without joining with him, the person for whose benefit the action is prosecuted. This section leaves section 111 in...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - 1860 - 388 pages
...; Broicn v. 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...expressly authorized by statute, may sue, without joining with him the person or persons for whose benefit the action is prosecuted. A trustee of an express...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 15

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 - 1861 - 590 pages
...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 person 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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The Civil Practice Act of the State of California: As Amended, with Notes ...

California - 1863 - 756 pages
...trustee, etc., may sue without joining the persone beneficially interested. [1854.] An executor or administrator, or trustee of an express trust, or...expressly authorized by statute, may sue, without joining with him the person or persons for whose benefit the action is prosecuted. A trustee of an express...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 37

New York (State). Supreme Court, Oliver Lorenzo Barbour - 1863 - 720 pages
...that the plaintiff was in no way interested in the subject matter of the action, nor an executor or administrator, or trustee of an express trust, or a person expressly authorized by statute to sue. For a third answer, the defendant alleged that on or about the 19th day of Sepember, 1859,...
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Practice and Pleading in Actions in the Courts of Record in the ..., Volume 2

Henry Whittaker - 1863 - 1154 pages
...First inserted in 1849. § 317. 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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Statutes at Large of the State of New York: Comprising the Revised ..., Volume 5

New York (State) - 1863 - 1026 pages
...Costs against infant plaintiff 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. 318. Costa on review of a decision of an inferior court, in a special proceeding. 319. 320....
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A Digest of New York Statutes and Reports: From the Earliest ..., Volume 4

Benjamin Vaughan Abbott, Austin Abbott - 1864 - 810 pages
...Snndf., 657; and see Myers v. Machado, 6 AUoM Pr., 198. 457. Trust. Statute authority. An executor or administrator, or trustee of an express trust, or...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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Laws of the Territory of Idaho

Idaho (Ter.) - 1864 - 762 pages
...transferred in good faith, and upon good consideration, before due. SEC. 6. An executor or administrator, trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the person or persons for whose benefit the action is prosecuted. A trustee of an express...
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