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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... "
Session Laws - Stranica 53
napisao/la North Dakota - 1862
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - 1876 - Broj stranica: 924
...simply declares that these wopds, within the meaning of the section, ' shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of anothev.' Evidently this provision was not intended to limit the meaning of the general term, ' express...
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - 1876 - Broj stranica: 908
...class of trustees of an express trust specially described in some of the codes as '• persons with whom or in whose name a contract is made for the benefit of others." There are numerous other and more properly designated classes of such trustees ; and whatever...
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Laws of the State of New York, Opseg 2

New York (State) - 1876 - Broj stranica: 398
...with tri£t?™te., him the person for whose benefit the action is prosecuted. A person, "fj^f with whom or in whose name, a contract is made for the benefit of person another, is a trustee of an express trust, within the meaning of this iye"nijec1.la1' section....
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Opseg 5

Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1876 - Broj stranica: 620
...except that " a trustee of an express trust" may sue in his own name, and that " a person with whom and in whose name a contract is made for the benefit of another, is a trustee- of an express trust within the meaning of this section." The court held that the note...
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The Code of Civil Procedure of the State of New York: Enacted 1876 and ...

New York (State), William Wait - 1877 - Broj stranica: 662
...by statute, may sue, without joining with him the 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 an express trust, within the meaning of this section. Code Pro., part of § 111, together...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1877 - Broj stranica: 956
...prosecuted. A trustee of an express trust, within the meaning of this section, shall l>e construed to include a person with whom or in whose name a contract is made for the benefit of another. SET:. 7. When a married woman is a party her husband must join with her, except — ftnt. When the...
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Acts of the State of Ohio, Opseg 75

Ohio - 1878 - Broj stranica: 1364
...[Civil Code, §§ 566, 567, S. & C. 1123, 1124. SEC. 3. An executor, administrator, guardian, trustee of an express trust, a person with whom, or in whose...without joining with him the person for whose benefit it ia prosecuted; and officers may sue and be sued in such name as it authorized by law. [Civil Code,...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions

North Carolina, Albion W. Tourgée - 1878 - Broj stranica: 484
...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 guardian may sue for the benefit of his wards without joining the wards as parties. Hankin v. Allison,...
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Estee's Pleadings, Practice and Forms: In Actions Both Legal and ..., Opseg 1

Morris March Estee - 1878 - Broj stranica: 648
...78. 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: Cal. Code CP, sec. 369 (Cal. Pr. Act, sec. 6; Laws of Cal. 1854, p. 84); NY Code, sec. 113; Ohio Code,...
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A Treatise on the Law of Mortgages of Real Property, Opseg 2

Leonard Augustus Jones - 1879 - Broj stranica: 844
...benefit of the whole." 1 In the same states it is provided that an executor, administrator, trustee of an express trust, a person with whom or in whose name...joining with him the person for whose benefit it is prosecuted.2 It is further provided that when a complete determination of the controversy between the...
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