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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... "
Laws, Joint Resolutions, and Memorials, Passed at the ... Session of the ... - Стр. 510
авторы: Nebraska - 1913
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Report of Cases Adjudged in the Superior Court of Cincinnati at Special and ...

Ohio. Superior Court (Cincinnati), William Disney (Attorney at law) - 1871 - Страниц: 674
...the extent of his costs. Moreover, the code authorizes " the trustee of an express trust," as well as "a person with whom or in whose name a contract is made for the benefit of another, to bring an action without joining with him the person for whose benefit it is prosecuted." Section...
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The Physical diagnosis of brain disease

Reuben A. Vance - 1871 - Страниц: 8
...benefit the action is prosecuted, and that " a trustee of an express trust," shall be construed to mean a person with whom, or in whose name, a contract is made for the benefit of another. It has been held that the committee of an insane person is the trustee of an express trust, within...
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Reports of Cases in the Supreme Court of Nebraska, Том 62

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1902 - Страниц: 1050
...favor by the prior decisions of this court. Section 32 of the Code of Civil Procedure provides that a person with whom or in whose name a contract is made for the benefit of another may bring an action without joining with him the person for whose benefit it is prosecuted. In Stoll...
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The Code of Procedure of the State of New York: As Amended to 1871, with ...

New York (State), William Wait - 1871 - Страниц: 1032
...prosecuted. A trustee of an express trust, within the meaning of this section, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another. I. ACTIONS BY EXECUTOR OR ADMINISTRATOR. a. Foreign executors. — A foreign executor or administrator...
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Reports of Cases Heard and Determined by the Supreme Court of South ..., Том 100

South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand, Charles H. Cook - 1915 - Страниц: 612
...the defendant here. The Pullman Company, if indeed it is a party to the contract, is merely a person in whose name a contract is made for the benefit of another; and the defendant is that other and is the real party in interest ; and now and here actually claiming...
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The Code of Civil Procedure: Of the State of California, Часть 3

California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - Страниц: 886
...statute, may sue without joining with him tbe ^JJJJ1*, persons for whose benefit the action is prosecuted. A person with whom, or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section. when a 370. (§ 7.) When a married...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Том 80

United States. Supreme Court - 1872 - Страниц: 1546
...express trust within the meaning of this Statement of the case. section, shall be construed to include a person with whom or in whose name a contract is made for the benefit of another." Other sections of the code make provisions which may be referred to. Thus, the 117th enacts thnt: "All...
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The Practice at Law: In Equity, and in Special Proceedings, in All ..., Том 1

William Wait - 1872 - Страниц: 950
...treated separately. The Code provides that a trustee of an express trust shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another, and that such trustee may sue without joining with him the person for whose benefit the action is prosecuted....
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Reports of Cases Argued and Determined in the Supreme Court of ..., Том 34

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 - 1872 - Страниц: 640
...legislature as to leave no room for doubt or construction. Any person is "a trustee of an express trust" with whom, or in whose name, a contract is made for the benefit of another. The word "contract" is not used in a limited or restricted sense, but it is used and intended to be...
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Miscellaneous Documents: 30th Congress, 1st Session - 49th Congress ..., Том 1

United States. Congress. House - 1873
...of contract, unless the assignment be in writing. 2. An executor, administrator, guardian, trustee of an express trust, a person with whom or in whose...contract is made for the benefit of another, or a person authorized by statute, may sue without joining with him the person for whose benefit the action is...
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