 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
 | Nebraska, Guy Ashton Brown - 1881 - 842 pages
...SEC. 29. [Action prosecuted in name of real party in interest.]Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section thirty-two. SEC. 80. [Action by assignee.]— The assignee of a thing in action may maintain... | |
 | John Bouvier - 1882 - 812 pages
...private rights and the redress of private wrongs, which shall be denominated a civil action. ? 111. [91] Every action must be prosecuted in the name of the real party in interest except executors, administrators and trustees of an express trust. ? 140. [118] All the forms of pleading... | |
 | United States. Department of State - 1882 - 260 pages
...party, his agent or attorney, before the judge of such court. 3. Every action shall be prosecuted in the name of the real party in interest, except as otherwise provided in this decree. 4. In case of an assignment of a thing in action the action by the assignee shall be without... | |
 | 1883 - 818 pages
...of March 14, 1853, regulating probate courts. Also section 25 of the civil code of 1852, providing that "every action must be prosecuted in the name...party in interest, except as otherwise provided in section 27." And also section 566 of the code in relation to actions on official securities substituted... | |
 | Austin Abbott - 1883 - 602 pages
...691, § 6 ; same statute, 3 Id. 7th ed. 2516). The Code of Procedure, § 111, provides as follows : " Every action must be prosecuted in the name of the...party in interest, except as otherwise provided in section 113. But this section shall not be deemed to authorize the assignment of a thing in action... | |
 | 1884 - 1126 pages
...the plaintiff. The sections of the code which are referred to are зэсЫоп 111, which provides that every action must be prosecuted in the name of...party in interest, except as otherwise provided in section 113; and section 113, which provides that a trustee of an express trust, or a person expressly... | |
 | North Carolina. Supreme Court - 1884 - 738 pages
...to bring the action, are all swept nway by the Code of Civil Procedure. THE CODE, § 177, provides that " every action must be prosecuted in the name...party in interest, except as otherwise provided," and this case is not otherwise provided for. No error. Affirmed. RAMSAY t>. RAILROAD. JT RAMSAY v.... | |
 | North Carolina, Walter Clark - 1884 - 550 pages
...grantee of land held adversely; assignment of thing in, action. CCP, s. 3t>. 1874-'5, c. 25<i, #. 1. Every action must be prosecuted in the name of the...real party in interest, except as otherwise provided; but thissection shall not be deemed to authorize the assignment of a thing in action notarising out... | |
 | Utah (Ter.) - 1884 - 666 pages
...Married woman as party. Wife may defend, when. TITLE III., OF THE PARTIES TO CIVIL ACTION'S. SEC. 224. Every action must be prosecuted in the name of the real party in interest, except as provided in Section 226. SEC. 225. In the case of an assignment of a thing in action, the action by... | |
 | Iowa, Emlin McClain - 1884 - 942 pages
...fund. Similar provision, see § 1880. CHAPTER 3. OF PARTIES TO AN ACTION. Party in Inter- SECTION 2543. Every action must be prosecuted in the name ' ' of the real party in interest, except as provided in the next section. 1, 1 1676. The real party in interest may sue on a negotiable note, although... | |
| |
