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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... "
Laws of the State of Indiana - Seite 242
von Indiana - 1881
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Reports of Cases Argued and Determined in the Supreme Court of ..., Band 15

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1861 - 590 Seiten
...interest, except, &c. 2 RS, p. 27. It adds, that an executor, administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining the beneficiary, &c. And 1 RS, § 12, p. 151 enacts that, "County auditors are authorized to institute...
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The Civil Practice Act of the State of California: As Amended, with Notes ...

California - 1863 - 756 Seiten
...the persone beneficially interested. [1854.] An executor or administrator, or trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person or persons for whose benefit the action is prosecuted. A trustee of an express trust within the meaning...
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Laws of the Territory of Idaho

Idaho - 1864 - 734 Seiten
...and upon good consideration, before due. SEC. 6. An executor or administrator, trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the person or persons for whose benefit the action is prosecuted. A trustee of an express trust within the meaning...
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Laws of the Territory of Idaho

Idaho (Ter.) - 1864 - 762 Seiten
...and upon good consideration, before due. SEC. 6. An executor or administrator, trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the person or persons for whose benefit the action is prosecuted. A trustee of an express trust within the meaning...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Band 42

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1865 - 726 Seiten
...80, 81.) And it is provided by the code, that "an executor oV administrator, a trustee of an express trust, or a person expressly authorized by statute,...person for whose benefit the action is prosecuted." (Code, § 113.) It follows, that the sheriff properly executed the deed of the farm in question, to...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866 - 792 Seiten
...and upon good consideration, before due. SEC. 6. An executor or administrator, trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him. the person or persons for whose benefit the action is prosecuted. SEC. 7. When a married woman is a party, her...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1866 - 802 Seiten
...and upon good consideration, before due. SEC. 6. An executor or administrator, trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the person or persons for whose benefit the action is prosecuted. SEC. 7. When a married woman is a party, her...
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The Code of Procedure of the State of New York, Unabridged: Including All ...

New York (State), Nathan Howard (Jr.) - 1867 - 966 Seiten
...read in. 18481 A. As follows: § 93. [1848.] An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the persons for whose benefit the suit is prosecuted. Questions. 3. Q. "VTkm it a factor or mercantile...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Band 1

New York (State). Court of Appeals, Emerson Willard Keyes - 1867 - 636 Seiten
...or administrator or trustee of an express trust, and plaintiff is not authorized by any statute to sue, without joining with him the person for whose benefit the action is prosecuted. 3d. That the check was given to pay a debt claimed to be duo from Ulman to Lumley, but that in tact...
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Practice Reports in the Supreme Court and Court of Appeals, Band 32

Nathan Howard (Jr.) - 1867 - 636 Seiten
...to that amendment. (d) Section 113 provides that a trustee of an express trust may sue as plaintiff, without joining with him the person for whose benefit the action is prosecuted. An assignee for the general benefit of creditors, is a trustee of an express trust (Cunningham agt....
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