 | Iowa. Supreme Court - Law reports, digests, etc - 1860 - 688 pages
...it refers to matters of contract. Again, appellants urge that by sections 1756-7, civil actions must be brought in the name of the real party in interest, and that this is a rule of practice, and is in no wise to affect substantial rights. These sections do... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1871 - 522 pages
...undertaking given to the sheriff upon the return of property replevied, (Practice Act, Sec. 104) should be brought in the name of the real party in interest; and where the name of the sheriff was joined with his as plaintiff: Held, that the complaint was clearly... | |
 | Daniel Roberts - Law reports, digests, etc - 1878 - 906 pages
...actions upon contracts, except sealed instruments, promissory notes and bills of exchange, the action may be brought in the name of the real party in interest and from whom the consideration moved. When, however, the action is so brought, and not in the nnme of... | |
 | Law reports, digests, etc - 1881 - 1900 pages
...remaining party in interest. The action being one under the Code of that state, which required suit to be brought in the name of the real party in interest, and the owner having no interest, it was held that the insurance company might sue. In this state it has... | |
 | Law reports, digests, etc - 1893 - 1094 pages
...distinction between actions at law and suits in equity, requires all actions (with some exceptions) to be brought in the name of the real party in interest, and permits all defenses, counter-claims, and set-offs, whether formerly known as legal or equitable, to... | |
 | David Dudley Field - Law - 1884 - 604 pages
...any variance between the allegation and the proof not material in substance. ยง 6. All suits shall be brought in the name of the real party in interest, and against the party as to whom relief is praye.d. If I have in any degree accomplished what I have attempted,... | |
 | Law reports, digests, etc - 1912 - 1164 pages
...of his interests." Again on page 166 of the same volume it is said: "Under the provision of the Code that actions shall be brought in the name of the real party In interest, the cestui que trust may, In many cases, maintain an action in his own name in regard... | |
 | Law reports, digests, etc - 1890 - 1110 pages
...the old Code, (section 111,) and by the present Code of Procedure, (section 449.) actions are now to be brought in the name of the real party in interest, and all choses in action are now assignable, vesting good title in the assignee, who may maintain an action... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1888 - 916 pages
...was held LiUlelohn v. Pearson. LUtlelohn v. Whitney. that under seetion 29 of the code an action must be brought in the name of the real party in interest, and that the naked assignment of a claim to a plaintiff upon an agreement that he was to pay to the assignor... | |
| |
Procedure requires that every action be brought in the name of the real party in interest... 
