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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... "
Laws of the State of Indiana - Page 242
by Indiana - 1881
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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
...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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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...in case of the death of the assignor. § 93. An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him tho persons for whoso benefit the suit is prosecuted. § 94. When a married woman is a party, her husband...
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Stryker's American Register and Magazine, Volume 3

History, Modern - 1849 - 626 pages
...real party in interest, except that an executor, administrator, or trustee of an express trust, or person expressly authorized by statute, may sue without...joining with him the person for whose benefit the suit was instituted. This, it will be seen, sweeps away the whole doctrine respecting assignments of...
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The New-York Legal Observer, Volume 8

Samuel Owen - Law - 1850 - 416 pages
...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 the words "...
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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
...prosecuted. A person with whom, or in whose name, a contract is made, for the benefit of another, is a trustee of an express trust within the meaning of this section. Amended Code, § 113. The last sentence is added toremove a doubt which has been expressed. § 600....
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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 - Civil procedure - 1851 - 410 pages
...113.[93.] (Amended.) — Actions en autre droit. — An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute,...express trust, within the meaning of this section, thall be construed to include a person with whom, or in whose name a contract is made for the bcnrßt...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

Law - 1851 - 520 pages
...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 property,...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - Civil procedure - 1851 - 266 pages
...trustee of an express Executor, trust, or a person expressly authorized by statute, may sue,\run"l, may sue without joining with him the person for whose benefit the ac- without tion is prosecuted. A trustee nfan express trust, within themeaning of this section, shall...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...[93.] (Amended 1851.) Actions en autre droit. — An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute,...express trust, within the meaning of this section, shall le construed to include a person with whom, or in whose name, a contract is made for the leneßt of...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...good consideration before due. Action by gEC g_ 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 action is prosecuted. Married woman SEC. 7. When a married woman is a...
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