 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 the action is prosecuted.  The American Law Register - Стр. 6191890Полный просмотр - Подробнее о книге
 | 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 - 1871 - Страниц: 636
...the rule, amongst which is a trustee of an express trust, who is authorized to sue in his own name without joining with him the person for whose benefit the action is prosecuted. The present practice is substantially the same as the chancery practice, and regards the substantial... | |
 | United States. Supreme Court - 1872 - Страниц: 1546
...interest, except as otherwise provided in section 118." The exception of this 113th section is that: " An executor or administrator, a trustee of an express...person for whose benefit the action is prosecuted." And by the same section: "A trustee of an express trust within the meaning of this Statement of the... | |
 | Wilber Mercantile Agency - 1872 - Страниц: 894
...name of the real party In Interest, except that an executor, administrator, a trustee of an expreu trust, or a person expressly authorized by statute,...person for whose benefit the action Is prosecuted. The distinction In practice and pleading between actions at law and suits In equity Is abolished. There... | |
 | California - 1872 - Страниц: 774
...525. Promissory notée: 8 Cal. 260; 14 Cal. 94, 450. $ 360. (} 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 idiom, or in whose name, a contract... | |
 | William Wait - 1872 - Страниц: 950
...every action shall be prosecuted in the name of the real party in interest, except actions brought by an executor or administrator, a trustee of an express...trust, or a person expressly authorized by statute to sue ; in which actions, it is unnecessary to join as plaintiff, the person for whose benefit the... | |
 | 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... | |
 | Austin Abbott - 1872 - Страниц: 576
...represents ; otherwise the right given by the Code (§113), allowing the trustee of an express trust to sue without joining with him the person for whose benefit the action is prosecuted, would be meaningless. If the plaintiff sought the benefit of what Roberts accomplished in that action,... | |
 | 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 - 1873 - Страниц: 616
...practice, the action must be brought in the name of the real party in interest, except that an executor, administrator, a trustee of an express trust, or a...with him the person for whose benefit the action is brought. The interest necessary to the maintenance of an action may be separate, or joint, or in common.... | |
 | Theophilus Parsons - 1873 - Страниц: 884
...provided that the action shall be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express...sue, without joining with him the person for whose lienetit the action is prosecuted. This i» so in New York, Code, $§111 and 113, 2 It. S., 4th ed.,... | |
 | South Carolina - 1873 - Страниц: 1164
...A'Hon by ex- SEC. 136. An executor or administrator, a trustee of a'n express «mor, trustee, i r{ls ^ or a person expressly authorized by statute, may sue,...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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