 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1865 - 726 pages
...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, may sue,...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... | |
 | Montana (Ter.) - Law - 1866 - 792 pages
...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... | |
 | Montana - Session laws - 1866 - 802 pages
...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... | |
 | New York (State), Nathan Howard (Jr.) - Civil procedure - 1867 - 966 pages
...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... | |
 | Nathan Howard (Jr.) - Civil procedure - 1867 - 636 pages
...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.... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1868 - 672 pages
...the argument, was directed to section 113 of the Code, by which it is declared that an executor, &c., may sue without joining with him the person for whose benefit the action is prosecuted. This has no application in the case of an action to obtain the construction of a will and the directions... | |
 | 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 - Law reports, digests, etc - 1868 - 624 pages
...executor or administrator, a trustee of au express trust, or a person expressly authorized by statute, to sue without joining with him the person for whose benefit the action is prosecuted. But if these provisions of the code arc to be regarded as qualifying the section cited on the subject... | |
 | California, Theodore Henry Hittell - Civil procedure - 1868 - 416 pages
...may sue withont joining with him the person or persons for whose henefit the action is prosecnted. A trustee of an express trust within the meaning of this section, shall he construed to include a person with whom, or in whose name, a contract is made for the henefit of... | |
 | New York (State). - Civil procedure - 1869 - 280 pages
...113. An executor or administrator, a trustee of an express trust, or a person expressly authori2ed by statute, may sue, without joining with him the...section, shall be construed to include a person with whom of in whose name a contract is made for the benefit of another. § 114. When a married woman is a party... | |
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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... 
