 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...  Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Página 257por 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 - 1870Vista completa - Acerca de este libro
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1860 - 730 páginas
...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... | |
 | New Jersey. Court of Chancery - 1871 - 652 páginas
...question involves the construction of section 111 of the New York code, which is in these words : " Every action must be prosecuted in the name of the...party in interest, except as otherwise provided in section 113." Section 113 provides that an executor, administrator, or trustee of an express trust,... | |
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 páginas
...found neither too stringent for suitors, nor too loose for the purposes of substantial justice. § 91. Every action must be prosecuted in the name of the...party in interest, except as otherwise provided in section 93. § 92. In the case of an assignment of a thing in action, the action by the assignee shall... | |
 | New York (State). Legislature - 1848 - 672 páginas
...necessary to a complete determination of the controversy. § 91. Every action must be prosecuted in tie name of the real party in interest, except as otherwise provided in sec- . tion 93. terat. § 92. In the case of an assignment of a thing in action, •A*>ignia ,. •,... | |
 | Samuel Owen - 1850 - 416 páginas
...be before the MASON, J.—This motion is founded upon the 1l1th section of the amended Code, which declares that " every action must be prosecuted in...party in interest, except as otherwise provided in section 113," and the question presented is, whether the defendants are entitled, after verdict and... | |
 | 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 the...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, the action... | |
 | 1851 - 520 páginas
...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... | |
 | New York (State) - 1851 - 1408 páginas
...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... | |
 | Kentucky - 1851 - 544 páginas
...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... | |
 | Kentucky - 1851 - 548 páginas
...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... | |
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