...record, the judgment is obviously right, and must therefore be affirmed. By the Civil Code, (sec. 30,) " every action must be prosecuted in the name of the real party in interest, except as provided in section 33." By the latter section executors, administrators, guardians, trustees of an...

...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...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 by the assignee shall...

...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...party in interest, except as otherwise provided in secti°n one hundred and thirteen, but this section shall not be deemed to authorise the assignment...

...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 by...

...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 by...

...be a question under the Code, whether a Receiver should bring actions in his own name ? By § 111, every action must be prosecuted in the name of the real party in interest (except when brought by an executor, administrator or trustee of an expressed trust). Rule 76 of the Supreme...

...of facts may be shown to deprive him of that right, under § 3, 2 R. S. p. 27, which is as follows: "Every action must be prosecuted in the name of the...party in interest, except as otherwise provided in the next section." The provision of the next section is as follows : " An executor, administrator,...

...nor insist that the Code has adopted either of those systems exclusively. It has, however, declared that every action must be prosecuted in the name of the real party in interest, except in certain cases. (§ 111.) This was the general rule in equity. It has abolished all previous forms...

...same, after such payment, acknowledgment, or promise. TITLE III. PARTIES TO CIVIL ACTIONS. SECT. 22. Every action must be prosecuted in the name of ] the...party in interest, except as otherwise provided in sec- partytion twenty-five. SECT. 23. In the case of an assignment of a thing in ac- 6lgrnnm™ tion,...

...overruled the demurrer, and this ruling presents the first question for our consideration. The statute provides that, "every action must be prosecuted in the name of the real party in interest," except that an executor, administrator, or trustee of an express trust, or a person expressly authorized by...