 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...  The New-York Legal Observer - Page 199edited by - 1850Full view - About this book
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1871 - 652 pages
...except as otherwise 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... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 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... | |
 | Commerce - 1849 - 716 pages
...real party in interest, (choses in action are now assignable,) except in the following cases : — An executor or administrator, a trustee of an express...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... | |
 | 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... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...599. An executor or administrator, a trustee of an express trust, or a person expressly authorised 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, a contract is made, for the benefit of... | |
 | New York (State). - Civil procedure - 1850 - 920 pages
...exchange, transferred in good faith, and upon good consideration, before due. Amended Code, $ 112. § 599. An executor or administrator, a trustee of an express trust, or a person expressly authorised by statute, may sue without joining with him the persons for whose benefit the action is... | |
 | Law - 1851 - 520 pages
...S.114. When a married woman is a party, her husband may be joined with her, except that— " S. 113. An executor or administrator, a trustee of an express...persons for whose benefit the suit is prosecuted. "1. When the action concerns her separate property, she may sue alone. "2. When the action is between... | |
 | New York (State) - Session laws - 1851 - 1408 pages
...not be deemed to authorise the assignment of a thing IB action not arising out of contract. §113. An executor or administrator, a trustee of an express...trust, or a person expressly authorized by statute, maJ sue) without joining with him the person for whose KJSiui • benefit the action is prosecuted.... | |
 | Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...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.... | |
 | New York (State), Henry Strong McCall - Civil procedure - 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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