 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 Northeastern Reporter - Page 2491898Full view - About this book
 | New York (State) - 1875 - 498 pages
...interest. TiTLE 111. 4^ Of the Parties to Civil Actions. I 111. Every action must he prosecuted in the name of the real party in interest, except as otherwise provided in section 113 : hut thi« section shall not he Y deemed to authorize the assigument of a thing in action... | |
 | 1876 - 642 pages
...cannot be found. The assignment was made in the State of New York, and by the Code thereof (Sec. Ill) " Every action must be prosecuted in the name of the...party in interest, except as otherwise provided in section 131, but this section shall not be deemed to authorize the assignment oJ a thing in action... | |
 | John Norton Pomeroy - 1876 - 924 pages
...of Peet & Williams. Dixon C. .1. gave the following opinion (p. 148) : " The statute is imperative that every action must be prosecuted in the name of the real party in interest, except as therein otherwise provided. The proof is that the plaintiff is not the owner of the demand sued upon.... | |
 | 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 - 620 pages
...is identical with ours, in regard to the authority of a trustee to sue in his own name, and provides that "every action must be prosecuted in the name of the real party in interest," except that " a trustee of an express trust" may sue in his own name, and that " a person with whom and in... | |
 | California, Theodore Henry Hittell - 1876 - 986 pages
...nature. TITLE III. tlje Jtortie* to OffoU Mm*. Action to be in name of party in interest. SEC, 367. omitted in violation of a law forbidding or commanding it, and to which" witness c provided in section 369. 10.368. Assignment of tiling in action not to prejudice defense. SEC. 368.... | |
 | John Norton Pomeroy - 1876 - 908 pages
...be completely separated. SECTION SECOND. THE REAL PARTY IN INTEREST TO BE MADE PLAINTIFF. § 124. " Every action must be prosecuted in the name of the real party in interest, except when otherwise provided in this title [or chapter, or article]," is the sensible and comprehensive... | |
 | 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 - 480 pages
...case is within the provision of g 27 of the Civil Code, that "every action shall be prosecuted in the name of the real party in interest, except as otherwise provided in g 29." The appellants rely on the circumstance that g 27 and the following sections specify certain... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894 - 588 pages
...substitution of the real party in interest. The statute of Utah, vol. 2, Comp. Laws 1888, sec. 3169, declares that every action must be prosecuted in the name of the real party in interest, except certain cases which do not in anywise affect the question at bar; this language does not admit of doubt... | |
 | New York (State), William Wait - 1877 - 662 pages
...v. Drake, 8 id. 61. Party In Interest to sue. Trustee, etc., may sue alone. § 449. [Amended, 1877.] 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... | |
 | New York (State) - 1877 - 666 pages
...(66.) Section four hundred and forty-nine, by inserting, at the beginning of the section, the words: "Every action must be prosecuted in the name of the real party in interest, except that." sec. 450. (67.) Section four hundred and fifty, by striking out the word " another," and by... | |
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