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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... "
Annual Report of the Commissioners of Statutory Revision of the State of New ... - Página 47
por New York (State). Commissioners of Statutory Revision - 1900
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volumen38

Ohio. Supreme Court - 1883 - 796 páginas
...March 14, 1853, regulating probate courts. Also section 25 of the Civil Code of 1852, providing that " every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 27." And also section 566 of the code in relation to actions on official...
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volumen36

Iowa. Supreme Court - 1874 - 776 páginas
...account for money due on contract. Knadler v. Sharp. It is also provided by Revision, section 2757 : " Every action must be prosecuted in the name of the real party in interest, except as provided in the next section." This language was first construed, as found in the Code of 1851,...
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The Code of Civil Procedure of the State of Ohio: With the Subsequent ...

Ohio, George E. Seney - 1874 - 896 páginas
...plaintiff in execution may be substituted. SEC. 25. ACTION TO BE IN NAME OF REAL PARTY IN INTEREST. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section twenty-seven. PARTIES TO CrVTL ACTIONS. 2. An action to collect the...
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Journal of the Assembly of the State of New York, Volumen2

New York (State). Legislature. Assembly - 1875 - 1090 páginas
...Section one hundred and eleven of said chapter is hereby amended so as to road as follows : "§ 111. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section one hundred and thirteen ; but this section shall not be deemed to...
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Peculation Triumphant: Being the Record of a Four Years' Campaign Against ...

James H. Ingersoll - 1875 - 346 páginas
...which " the People of this State shall be interested ; " and it is provided by the Code (Sec. Ill), " every action " must be prosecuted in the name of the real party " in interest, except as otherwise provided by Section " 113," which does not apply in this case. It cannot be maintained...
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - 1876 - 908 páginas
...of the statutory provision, which differ, however, very slightly. The first is : u An executor, an administrator, a trustee of an express trust, or a...person for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, shall be construed to include a person...
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The Code of Civil Procedure of the State of California: As Adopted in 1872 ...

California - 1876 - 888 páginas
...525. Promissory notes : 8 Cal. 260 ; 14 Cal. 94, 450. $ 309. (} 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 for whose benefit the action is prosecuted. A person with whom, or in whose name, a contract...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volumen5

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
...identical with ours, in regard to the authority of a trustee to sue in his own name, and provides that "every action must be prosecuted in the name of the real party in interest," except that " a trustee of an express trust" may sue in his own name, and that " a person with whom and in whose...
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A Treatise on the Law of Promissory Notes and Bills of Exchange, Volumen2

Theophilus Parsons - 1876 - 856 páginas
...party ¡n interest, except that an executor or administrator, a trustee of an express trust, or а person expressly authorized by statute, may sue, without joining with him the person for whose beneh't the action is prosecuted. This is so ¡n New York, Code, §§111 and 113, 2 RS, 4th ed.. p....
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volumen1

1876 - 642 páginas
...cannot be found. The assignment was made in the State of New York, and by the Code thereof (Sec. Ill) " Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 131, but this section shall not be deemed to authorize the assignment...
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