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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 benefit... "
Reports of Cases Determined in the Courts of Appeal of the State of California - Page 274
1925
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...of the death of the assignor. § 93. An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him tho persons for whoso benefit the suit is prosecuted. § 94. When a married woman is a party, her husband...
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Stryker's American Register and Magazine, Volume 3

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...
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The New-York Legal Observer, Volume 8

Samuel Owen - Law - 1850 - 416 pages
...section 113, which reads as follows : " An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue...joining with him the persons for whose benefit the suit is prosecuted." It has been generally supposed that the words " express trust" in this section...
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The Code of Civil Procedure of the State of New-York

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 another, is a trustee...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

Law - 1851 - 520 pages
...with her, except that— " S. 113. An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue...joining with him the persons for whose benefit the suit is prosecuted. "1. When the action concerns her separate property, she may sue alone. "2. When...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...(Amended.) — Actions en autre droit. — 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 action is prosecuted. A trustee of an express trust, within the meaning...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...1851.) Actions en autre droit. — 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 action is prosecuted. A trustee of an express trust, within the meaning...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 6

Nathan Howard (Jr.) - Civil procedure - 1852 - 546 pages
...Compton. 113, &c. By section 113, "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 action is prosecuted. A trustee of an express trust, within the meaning...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...consideration before due. Action by gEC g_ An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue...persons for whose benefit the action is prosecuted. Married woman SEC. 7. When a married woman is a party, her husband shall be joined with her; except...
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Reports of Cases Argued and Determined in the Court of Chancery of ..., Volume 1

New York (State). Court of Chancery, Alonzo Christopher Paige - Equity - 1854 - 762 pages
...the real parties in interest. But an executor or administrator, or a trustee of an express trust, or person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. (Sees. Ill, 113.) Previously an action at law. to...
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