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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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Commentaries on the Law of Infancy: Including Guardianship and ..., Part 1

Ransom Hebbard Tyler - Children - 1868 - 984 pages
...express trust, within the meaning of this prevision, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another. (Code of Procedure, §§ 111, 113.) This, of course, would extend to a case like that of Pond v. Gurtiss,...
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The Constitution of South Carolina: Adopted April 16, 1868, and the Acts and ...

South Carolina - 1868 - 942 pages
...trust, within the meaning of this Section, shall be con- ADISTO. strued 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 be joined with her, except that, «»d...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 56

Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1870 - 722 pages
...all. It is intended, manifestly, to embrace, not only formal trusts, declared by deed, inter paries, but all cases in which a person, acting in behalf...expression such trust may be declared. It includes Brown v. Cherry. not only a person with whom, but oue in whose name, a contract is made for the benefit...
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Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - Constables - 1870 - 858 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. Gen. Laws, 4945, 5464. SEC. 19. In this state, all the property, both real and personal, belonging...
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Acts, Resolutions and Memorials Passed at the Annual Sessions of the ...

Utah (Ter.) - Law - 1870 - 162 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. When the action is between herself and her husband, she may sue or be sued alone. Defense by. SEC....
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The Code of Procedure of the State of New York, as Amended to 1870: With ...

New York (State), John Townshend - Civil procedure - 1870 - 896 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. a. The People. — Bonds taken in the name of the people should be prosecuted in the name of the people,...
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General Laws, Resolutions, and Memorials of the Territory of Wyoming

Wyoming - Law - 1870 - 808 pages
...administrator, guardian, trustee •i«j brin#. , ..... 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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Reports of Cases Heard and Determined by the Supreme Court of ..., Volume 100

South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - Law reports, digests, etc - 1915 - 614 pages
...the defendant here. The Pullman Company, if indeed it is a party to the contract, is merely a person in whose name a contract is made for the benefit of another; and the defendant is that other and is the real party in interest ; and now and here actually claiming...
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The Code of Procedure of the State of New York: As Amended to 1871, with ...

New York (State), William Wait - Civil procedure - 1871 - 1034 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. I. ACTIONS BY EXECUTOR OR ADMINISTRATOR. a. Foreign executors. — A foreign executor or administrator...
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The Physical diagnosis of brain disease

Reuben A. Vance - 1871 - 260 pages
...prosecuted, and that " a trustee of an express trust," shall be construed to mean a person with whom, or in whose name, a contract is made for the benefit of another. It has been held that the committee of an insane person is the trustee of an express trust, within...
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