 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...  New York Field Codes 1850-1865 - Página 243por New York (State). Commissioners of the Code, David Dudley Field - 1998 - 887 páginasVista previa limitada - Acerca de este libro
 | New York (State). - 1850 - 920 páginas
...of the real party in interest, except as otherwise provided in section 599. Amended Code, $111. § 598. In the case of an assignment of a thing in action,...her husband must be joined with her, except that, 1. When the action concerns her separate property, she may sue alone : 2. When the action is between... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 páginas
...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...section. Amended Code, § 113. The last sentence is added toremove a doubt which has been expressed. § 600. When a married woman is a party, her husband must... | |
 | Samuel Owen - 1850 - 416 páginas
...Code, and are proposed to be re-enacted in the same terms—but with this additional to section 599, " a person with whom or in whose name a contract is...express trust within the meaning of this section." The commissioners add a note as follows : " Amended Code, § 113. The last sentence is added to remove... | |
 | Oregon - 1855 - 670 páginas
...or a person expressly authorized by statute, may sue without EUU> 18S' joining with him the person for whose benefit the action is prosecuted. A person...express trust within the meaning of this section. nnsband, SEC. 6. When a married woman is a party, her husband shall be when to be ..•,.,-,! , f *t... | |
 | Nathan Howard (Jr.) - 1860 - 692 páginas
...administrators and certain trustees, and persons authorized by statute, may sue in their own names ; and a person with whom, or in whose name a contract is made, for the benefit of another, is included. These principles and provisions do not embrace the case; they relate to parties to an action;... | |
 | California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 páginas
...extfresslv author- etc., may sue without ized by statute, may sue without joining with him tbe ^JJJJ1*, persons for whose benefit the action is prosecuted....express trust, within the meaning of this section. when a 370. (§ 7.) When a married woman is a partv. married x ' woman is*, her husband must be joined... | |
 | California - 1876 - 888 páginas
...6.) An executor or administrator, or trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the persons...express trust, within the meaning of this section. Executor or administrator: HOI. 117; 15 Cal. 259; 16 Cal. 579; 18 Cal. 11 ; 23 Cal. 16. Trustee : 18... | |
 | California, Theodore Henry Hittell - 1876 - 986 páginas
...369. An executor or administrator, or trustee of an express trust, or a person expressly authorized the effect that if the defendant reco 10.370. Married woman as party . SEC. 370. When a married woman is a party, her husband must be joined... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1876 - 620 páginas
...except that " a trustee of an express trust" may sue in his own name, and that " a person with whom and in whose name a contract is made for the benefit of...express trust within the meaning of this section." The court held that the note was an express contract to pay the plaintiff for the use of the company.... | |
 | John Norton Pomeroy - 1876 - 908 páginas
...trust. In the light of this analysis of the expression as a term of legal import, it is plain that " a person with whom or in whose name a contract is made for the benefit of another," is not necessarily a trustee. He may be ; and whether he is or is not, must depend entirely upon the nature... | |
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