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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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The General Statutes of the State of Nevada: In Force, from 1861 to 1885 ...

Nevada - 1885 - 1332 pages
...exchange, transferred in good fuith, and upon good consideration, before due. 3028. SEC. G. 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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The Northeastern Reporter, Volume 48

1898 - 1156 pages
...252), requiring every action to be prosecuted in the name of the real party in interest except that a person expressly authorized by statute may sue without joining the person for whose benefit the action is prosecuted; the state being a person, under Rev. St 1894, § 1309 (Rev. St. 1881, S 1285),...
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Rust's New York Code of Civil Procedure 1885

New York (State), Charles David Rust - 1885 - 814 pages
...action, brought by or against an executor or administrator, in his representative capacity, or the trustee of an express trust, or a person expressly authorized by statute to sue or to be sued, costs must I* awarded, as in an action by or against a person, prosecuting or...
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Estee's Pleadings, Practice, and Forms: Adapted to Actions and ..., Volume 1

Morris March Estee - 1886 - 728 pages
...must be prosecuted in the name of the real party in interest has certain exceptions. Thus the code provides that "an executor, administrator, or trustee...expressly authorized by statute, may sue without joining with him the persons for whose benefit the action is prosecuted. A person with whom or in whose name...
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The American Decisions: Containing All the Cases of General Value ..., Volume 71

1886 - 898 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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The Northwestern Reporter, Volume 25

1886 - 1076 pages
...case comes within the exceptions to the rule stated in section 2607, Rev. St., which authorizes the trustee of an express trust, or a person expressly authorized by statute, to sue without joining with him the person for whose benefit the action is brought, and " a trustee...
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Howard's Practice Reports: Containing Cases Under the Code of ..., Volume 2

New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1886 - 690 pages
...Procedure." regulated the recovery of 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. The same section further declared (a quotation already in part given is repeated to show its...
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The Southwestern Reporter, Volume 168

1914 - 1412 pages
...must be brought in the name of the real party in interest, except that 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 brought." This court, in the case of State v. Parkville...
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The Southeastern Reporter, Volume 1

1887 - 972 pages
...That section reads as follows : "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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The New York Code of Civil Procedure: As Amended To, and Including 1887 ...

1887 - 814 pages
...action brought by or «gainst an executor or administrator, in his representative capacity, or the trustee of an express trust, or a person expressly authorized by statute to sue, or to be sued ; or by an official assignee, the assignee of a receiver, or the committee of...
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