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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... "
The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ... - Page 73
by New York (State), Member of the New-York Bar - 1851 - 394 pages
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 21

New Jersey. Court of Chancery - 1871 - 652 pages
...except as otherwise provided in section 113." Section 113 provides that an executor, administrator, or trustee of an express trust, or a person expressly authorized by statute may sue without joining the person for whose benefit the suit is prosecuted. Who are the real parties in interest within the...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...be enforced by attachment. § 80. In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs shall be recovered, as in an action by and against a person prosecuting or defending in his own...
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Merchants' Magazine and Commercial Review, Volume 21

1849 - 716 pages
...real party in interest, (choses in action are now assignable,) except in the following cases : — An executor or administrator, a trustee of an express...a person expressly authorized by statute, may sue in their own names, without joining the parties for whose benefit the suit is instituted. In case of...
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Stryker's American Register and Magazine, Volume 3

1849 - 626 pages
...real party in interest, except that an executor, administrator, or trustee of an express trust, or person expressly authorized by statute, may sue without...joining with him the person for whose benefit the suit was instituted. This, it will be seen, sweeps away the whole doctrine respecting assignments of...
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The New-York Legal Observer, Volume 8

Samuel Owen - 1850 - 418 pages
...however, excepts from its operation the cases enumerated in section 113, which reads as follows : " An executor or administrator, a trustee of an express...authorized by statute, may sue without joining with him the persons for whose benefit the suit is prosecuted." It has been generally supposed that the words "...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - 1850 - 920 pages
...exchange, transferred in good faith, and upon good consideration, before due. Amended Code, $ 112. § 599. An executor or administrator, a trustee of an express trust, or a person expressly authorised by statute, may sue without joining with him the persons for whose benefit the action is...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

1851 - 518 pages
...S.114. When a married woman is a party, her husband may be joined with her, except that— " S. 113. An executor or administrator, a trustee of an express...authorized by statute, may sue without joining with him the persons for whose benefit the suit is prosecuted. "1. When the action concerns her separate property,...
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Laws of the State of New York, Volume 2

New York (State) - 1851 - 1408 pages
...not be deemed to authorise the assignment of a thing IB action not arising out of contract. §113. An executor or administrator, a trustee of an express...trust, or a person expressly authorized by statute, maJ sue) without joining with him the person for whose KJSiui • benefit the action is prosecuted....
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 pages
...trustee of an express Executor, trust, or a person expressly authorized by statute, may sue,\run"l, may sue without joining with him the person for whose benefit the ac- without tion is prosecuted. A trustee nfan express trust, within themeaning of this section, shall...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - 1851 - 244 pages
...Costs against infant plaintiff, 128 317. Costs in an action by or against an executor or administrator, trustee of an express trust, or a person expressly authorized by statute to sue, 128 318. Costs on review of a decision of an inferior court, in a special proceeding, 129 319,320....
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