 | Charles Hastings Wiltsie - Foreclosure - 1885 - 364 pages
...since the abolition of uses and trusts a personal representative and a trustee of an express trust may sue without joining with him the person for whose benefit the action is prosecuted.There are many cases in which more than one person has an interest in the mortgage, and... | |
 | Law reports, digests, etc - 1886 - 898 pages
...provision of the next section is as follows: "An executor, administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue...person for whose benefit the action is prosecuted." Is the assignee of a promissory note, who may hold it и such without any real interest, one of that... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1886 - 764 pages
...?mtst be prosecuted in the name of the real party in interest, except a trustee of an express trust may sue without joining with him the person for whose benefit the action is prosecuted. RS sees. 2605, 2607. This bond was given for the benefit of the town, and the town alone is interested... | |
 | Law reports, digests, etc - 1886 - 988 pages
...interest. • By Section 369 of the Code of Civil Procedure it is provided : "A trustee of an express trust may sue without joining with him the person for whose benefit the action is prosecuted." Williams was not a trustee of an express trust, but if he were, the Code only permits the non-joinder.... | |
 | Morris March Estee - Civil procedure - 1886 - 728 pages
...exceptions. Thus the code provides that "an executor, 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 whom or in whose name a contract... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1886 - 770 pages
...ES, which authorizes a trustee of an express trust, or a person expressly authorized by statute, to sue without joining with him the person for whose benefit the action is brought, and "a trustee of an express trust, within the meaning of this section, shall be construed... | |
 | Law reports, digests, etc - 1886 - 1076 pages
...St., which authorizes the trustee of an express trust, or a person expressly authorized by statute, to sue without joining with him the person for whose benefit the action is brought, and " a trustee of an express trust, within the meaning of this section, shall be construed... | |
 | Law reports, digests, etc - 1887 - 888 pages
...action not arising out of contract. " Sec. 4. An executor, administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue,...be construed to include a person with whom, or in whoso name, a contract is made for the benefit of another. It shall not be necessary to make an idiot... | |
 | Law reports, digests, etc - 1889 - 1288 pages
...joining the person for whose benefit the action is prosecuted. The statute explicitly declares that "a trustee of an express trust, within the meaning...to include a person with whom, or in whose name, a contract ia made for the benefit of another." Rev. St. 1879, § 3463. Plaintiffs fairly come within... | |
 | Civil procedure - 1887 - 814 pages
...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,...person 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... | |
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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... 
