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... United States Supreme Court Reports - Page 263by United States. Supreme Court - 1886Full view - About this book
| New Jersey. Court of Chancery - Law reports, digests, etc - 1871 - 652 pages
...question involves the construction of section 111 of the New York code, which is in these words : " Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 113." Section 113 provides that an executor, administrator, or trustee... | |
| New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...found neither too stringent for suitors, nor too loose for the purposes of substantial justice. § 91. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 93. § 92. In the case of an assignment of a thing in action, the... | |
| Samuel Owen - Law - 1850 - 416 pages
...be before the MASON, J.—This motion is founded upon the 1l1th section of the amended Code, which declares that " every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 113," and the question presented is, whether the defendants are entitled,... | |
| New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...party, defendant. New, for the purpose of defining who may be parties to actions in our courts. § 597. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 599. Amended Code, §111. § 598. In the case of an assignment of... | |
| Law - 1851 - 520 pages
...fulfilling the first part of the instructions given to the commissioners. By s. Ill, the act enacts that— "Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in s. 113. "S. 112. In the case of an assignment of a thing in action, the action... | |
| New York (State) - Session laws - 1851 - 1408 pages
...can it be so extended in any case longer than one year after the disability ceases. Action to §111. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in secti°n one hundred and thirteen, but this section shall not be deemed to... | |
| Kentucky - Law - 1851 - 548 pages
...Infant» . 3. I'ersont of unsound mind, and pruone.il. CHAPTER 1. Parlies to actions generally. ' § 57. Every action must be prosecuted in the name of the real party in interest, except as provided in section sixty. § 58. In the case of an assignment of a thing in action, the action... | |
| Kentucky - Session laws - 1851 - 544 pages
...Infants. •i. Ptrtoni nf unsound mind, and prisoners. CHAPTER 1. Parties lo actions gcitcrully. $ 57. Every action must be prosecuted in the name of the real party in interest, except as provided in section sixty. § 58. In the case of an assignment of a thing in action, the action... | |
| Nathan Howard (Jr.) - Civil procedure - 1852 - 546 pages
...proved, the action was well brought in the name of the plaintiff. Section 111, of the Code, provides that " every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section Erickson agt. Compton. 113, &c. By section 113, "An executor or administrator,... | |
| Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...Title third of the Code treats of the parties to civil actions. By section 91 of the Code of 1848, every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 93; and section 93 relates to certain trustees who are authorized... | |
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