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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... "
Acts of the General Assembly of the Commonwealth of Kentucky, Passed - Page 116
by Kentucky - 1851
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General Laws, Resolutions, and Memorials of the Territory of Wyoming

Wyoming - 1870 - 808 pages
...before due. ' Action, who SfiC. 34. An executor, administrator, guardian, trustee •i«j brin#. , ..... of an express trust, a person with whom or in whose...another, or a person expressly authorized by statute, may bring an action, without joining with him the person for whose benefit it is prosecuted ; officers...
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The Code of Procedure of the State of New York, as Amended to 1870: With ...

New York (State), John Townshend - 1870 - 896 pages
...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. a. The People. — Bonds taken in the name of the people should be prosecuted in the name of the people,...
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Acts, Resolutions and Memorials Passed at the Annual Sessions of the ...

Utah (Ter.) - 1870 - 162 pages
...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. When the action is between herself and her husband, she may sue or be sued alone. Defense by. SEC....
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Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - 1870 - 858 pages
...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. Gen. Laws, 4945, 5464. SEC. 19. In this state, all the property, both real and personal, belonging...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 31

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 - 1870 - 616 pages
...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 au-- other." It will be observed, in this case, that neither paragraph • of the complaint sets up...
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The Code of Procedure of the State of New York, 1870: With Art. VI of the ...

1870 - 288 pages
...prosecuted. A trustee of an express trust, within the meaning of this section, shall he construed to inclnde a person with whom or in whose name a contract is made for the henefit of another. g 114. When a married woman is a party her hushand must he joined with her, except...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 38

Nathan Howard (Jr.) - 1870 - 680 pages
..." a trustee of an express trust, within the meaning of this section, shall be constrned to include a person with whom, or in, whose name, a contract is made for tlie benefit of another." ( Id. ) 6. It ia error to dismiss the plaintiff's complaint on the gronnd...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 56

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1870 - 722 pages
...expression such trust may be declared. It includes Brown v. Cherry. not only a person with whom, but oue in whose name, a contract is made for the benefit of another. These principles were not controverted in the dissenting opinion in the case, but it contended that...
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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 - 1034 pages
...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 in the Supreme Court of Nebraska, Volume 62

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1902 - 1050 pages
...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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