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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... "
Practice Reports in the Supreme Court and Court of Appeals - Page 362
by Nathan Howard (Jr.) - 1870
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Reports of Cases in the Supreme Court of Nebraska, Volume 62

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 - 1902 - 1050 pages
...decisions of this court. Section 32 of the Code of Civil Procedure provides that a person with whom or in whose name a contract is made for the benefit of another may bring an action without joining with him the person for whose benefit it is prosecuted. In Stoll...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 80

United States. Supreme Court - Law reports, digests, etc - 1872 - 1546 pages
...express trust within the meaning of this section shall be construed to include a person with whom, or in whose name a contract is made for the benefit of another." Doubtless the object of these provisions was to change the common-law rule that an action must be brought...
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The Practice at Law: In Equity, and in Special Proceedings, in All ..., Volume 1

William Wait - Civil procedure - 1872 - 950 pages
...express trust, within the meaning of that section, must be construed to include a person with whom or in whose name a contract is made for the benefit of another. This amendment was probably intended to give to the original section, in express terms, the same construction...
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The Code of Civil Procedure: Of the State of California, Part 3

California, Creed Haymond, John Chilton Burch, John Hill McKune - Civil procedure - 1872 - 886 pages
...joining with him tbe ^JJJJ1*, persons for whose benefit the action is 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. when a 370. (§ 7.) When a married...
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The Laws of Wisconsin

Wisconsin - Session laws - 1943 - 1142 pages
...express trust, within the meaning of this section, shall be construed to include a person with whom or in whose name a contract is made for the benefit of another. No. 657, A.] [Published July 15, 1943. CHAPTER 528. AN ACT to create 40.16 (12) of the statutes, relating...
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The Revised Statutes of the State of South Carolina: Prepared by ...

South Carolina - Constitutions, State - 1873 - 1164 pages
...express trust, within the meaning of this Section, shall be construed to include a person with whom or in whose name a contract is made for the benefit of another. SEC. 137. When a married woman is a party, her husband must os ^° n a b5 n *" r '! be joined with...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 1

Henry Nichols Blake, Montana. Supreme Court, Cornelius Hedges (Reporter), Horace Riverside Buck (Reporter), Fletcher Maddox (Reporter) - Law reports, digests, etc - 1873 - 760 pages
...appellants. A trustee of an express trust is defined to be, in our statute, a person with whom, or in whose name, a contract is made for the benefit of another. See Laws of 1867, 136, § 6. The utmost extent of signification is to be attributed to this term "...
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Miscellaneous Documents: 30th Congress, 1st Session - 49th ..., Volume 1

United States. Congress. House - United States - 1873 - 1052 pages
...writing. 2. An executor, administrator, guardian, trustee of an express trust, a person with whom or in whose name a contract is made for the benefit of another, or a person authorized by statute, may sue without joining with him the person for whose benefit the...
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The Code of Civil Procedure of the State of Ohio: With the Subsequent ...

Ohio, George E. Seney - Civil procedure - 1874 - 896 pages
...BENEFICIARY. An executor, administrator, guardian, trustee of an express trust, a person with whom, or in whose name, a contract is made for the benefit of another, or a person expressly authorized by statute, may bring an action without joining with him the person...
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Digest of the Decisions of the Supreme Court of Iowa: From the ..., Volume 2

Thomas Foster Withrow, Edward Holcomb Stiles - Law reports, digests, etc - 1875 - 722 pages
...2758. An executor or administrator, a guardian, a trustee of an express trust, a party with whom, or In whose name a contract is made for the benefit of another, or a party expressly authorized by statute, may sue In his own name without joining with him tne party...
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