 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
 | 1886 - 898 pages
...that right under section 3, 2 R. S. 27, which is as follows: "Every action must be prosecutct) in the name of the real party in interest, except as otherwise provided in the next section." The provision of the next section is as follows: "An executor, administrator, a trustee of an express... | |
 | 1887 - 888 pages
...plaintiff) in his own name, he could sue Sharpen the contract. The code provides as follows: — " Sec. 3. Every action must be prosecuted in the name of the...except as otherwise provided in the next section; but this section shall not be deemed to authorize the assignment of a thing in action not arising out... | |
 | 1899 - 1140 pages
...mortgage the minor children of NB Barnwell were not necessary parties. Section 132 of the Code provides that "every action must be prosecuted in the name...party in interest except as otherwise provided in section 134"; and the provision in section 134 is that "a trustee of an express trust • » • may... | |
 | 1917 - 1034 pages
...section 5618 of the General Statutes of Kansas of 1909 (Code Civ. Proc. i 25) is meant, which provides that: "Every action must be prosecuted in the name...party in interest, except as otherwise provided," etc. Of the same Import is our statute, section 1365 of the General Statutes of 1906, Compiled Laws... | |
 | 1892 - 1274 pages
...ACTION ox ATTACHMENT BOND — PABTJES — SumCIENCY OF COMI'LAIST. 1. Mansf. DU. S 49Ж5, provides that "every action must be prosecuted in the name...of the real party in interest," except as otherwise specially provided. Held, in an action on the attachment bond for witness fees, that the witnesses... | |
 | Arthur B. Honnold - 1922 - 894 pages
...common. 422. Government and governmental agencies. 423. Action for death. § 407. Real party in interest "Every action must be prosecuted in the name of the...party in interest, except as otherwise provided in this article; but this section shall not be deemed to authorize the assignment of a thing in action,... | |
 | California - 1922 - 1454 pages
...brought in. § 390. Actions against fire departments. §367. ACTION TO BE IN NAME OP PARTY IN INTEREST. Every action must be prosecuted in the name of the real party in interest, except as provided in section three hundred and sixty-nine of this code. History: Enacted March 11, 1872, founded... | |
 | Insurance Society of New York - 1922 - 952 pages
...questions should be answered in the affirmative. Our Code of Civil Procedure provides (Section 449) : "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) - 1922 - 2042 pages
...822. 65 NYS 848 ; Turner JO ClvP 192. § 210. Action to be brought in name of real party in interest. 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, [a person with whom or in whose name... | |
 | 1922 - 1482 pages
...38 App. Div. 505, 56 NY Supp. 511. § 210. Action to be brought in name of real party in interest. 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, a person with whom or in whose name... | |
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