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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... "
Revisal of 1908 of North Carolina: Being the Public and General Statutes of ... - Page 164
by North Carolina - 1908
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Reports of Cases Decided in the Court of Chancery of the State of ..., 21. köide

New Jersey. Court of Chancery - 1871 - 652 lehte
...except as otherwise provided in section 113." Section 113 provides that an executor, administrator, or trustee of an express trust, or a person expressly authorized by statute may sue without joining the person for whose benefit the suit is prosecuted. Who are the real parties in interest within the...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 lehte
...be enforced by attachment. § 80. In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs shall be recovered, as in an action by and against a person prosecuting or defending in his own...
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Merchants' Magazine and Commercial Review, 21. köide

1849 - 716 lehte
...real party in interest, (choses in action are now assignable,) except in the following cases : — An executor or administrator, a trustee of an express...a person expressly authorized by statute, may sue in their own names, without joining the parties for whose benefit the suit is instituted. In case of...
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Stryker's American Register and Magazine, 3. köide

1849 - 626 lehte
...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 respecting assignments of...
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The New-York Legal Observer, 8. köide

Samuel Owen - 1850 - 416 lehte
...however, excepts from its operation the cases enumerated in section 113, which reads as follows : " An executor or administrator, a trustee of an express...authorized by statute, may sue without joining with him the persons for whose benefit the suit is prosecuted." It has been generally supposed that the words "...
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The Code of Civil Procedure of the State of New York: Reported ..., 2. köide

New York (State). - 1850 - 920 lehte
...exchange, transferred in good faith, and upon good consideration, before due. Amended Code, $ 112. § 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...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 lehte
...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. Amended Code, § 113. The last sentence is added toremove a doubt which has been expressed. § 600....
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The Law Magazine: Or, Quarterly Review of Jurisprudence, 14. köide;45. köide

1851 - 520 lehte
...S.114. When a married woman is a party, her husband may be joined with her, except that— " S. 113. An executor or administrator, a trustee of an express...authorized by statute, may sue without joining with him the persons for whose benefit the suit is prosecuted. "1. When the action concerns her separate property,...
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Laws of the State of New York, 2. köide

New York (State) - 1851 - 1408 lehte
...not be deemed to authorise the assignment of a thing IB action not arising out of contract. §113. An executor or administrator, a trustee of an express...trust, or a person expressly authorized by statute, maJ sue) without joining with him the person for whose KJSiui • benefit the action is prosecuted....
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Practice Reports in the Supreme Court and Court of Appeals, 5. köide

Nathan Howard (Jr.) - 1851 - 530 lehte
...the name of the real party in interest, except in case of an action by an executor, administrator or trustee of an express trust, or a person expressly authorized by statute, without joining the person for whose benefit the suit Wallace and La Tourette agt. Eaton and others....
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