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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 in Law and Equity, Determined in the Supreme Court of the ... - Page 234
by Iowa. Supreme Court - 1874
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Reports of Civil and Criminal Cases Decided by the ..., Volume 40; Volume 147

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1912 - 966 pages
...of its franchise and contracts? i. Section 18 of the Civil Code of Practice provides as follows: ' ' Every action must be prosecuted in the name of the real party in interest, except as is provided in section 21." " , -;. Section 21, containing the exceptions, reads as follows: _- "A...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 21

New Jersey. Court of Chancery - Law reports, digests, etc - 1871 - 652 pages
...question involves the construction of section 111 of the New York code, which is in these words : " Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 113." Section 113 provides that an executor, administrator, or trustee...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...found neither too stringent for suitors, nor too loose for the purposes of substantial justice. § 91. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 93. § 92. In the case of an assignment of a thing in action, the action...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...party, defendant. New, for the purpose of defining who may be parties to actions in our courts. § 597. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 599. Amended Code, §111. § 598. In the case of an assignment of a thing...
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The New-York Legal Observer, Volume 8

Samuel Owen - Law - 1850 - 416 pages
...MASON, J.—This motion is founded upon the 1l1th section of the amended Code, which declares that " every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 113," and the question presented is, whether the defendants are entitled,...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - Session laws - 1851 - 544 pages
...Infants. •i. Ptrtoni nf unsound mind, and prisoners. CHAPTER 1. Parties lo actions gcitcrully. $ 57. Every action must be prosecuted in the name of the real party in interest, except as provided in section sixty. § 58. In the case of an assignment of a thing in action, the action by the assignee...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851 - 548 pages
...Infant» . 3. I'ersont of unsound mind, and pruone.il. CHAPTER 1. Parlies to actions generally. ' § 57. Every action must be prosecuted in the name of the real party in interest, except as provided in section sixty. § 58. In the case of an assignment of a thing in action, the action by the assignee...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

Law - 1851 - 520 pages
...fulfilling the first part of the instructions given to the commissioners. By s. Ill, the act enacts that— "Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in s. 113. "S. 112. In the case of an assignment of a thing in action, the action...
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Laws of the State of New York, Volume 2

New York (State) - Session laws - 1851 - 1408 pages
...can it be so extended in any case longer than one year after the disability ceases. Action to §111. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in secti°n one hundred and thirteen, but this section shall not be deemed to authorise...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 6

Nathan Howard (Jr.) - Civil procedure - 1852 - 546 pages
...the action was well brought in the name of the plaintiff. Section 111, of the Code, provides that " every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section Erickson agt. Compton. 113, &c. By section 113, "An executor or administrator,...
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