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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, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit... "
The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit, and ... - Stran 317
1876
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Reports of Cases Decided in the Court of Chancery of the State ..., Količina 21

New Jersey. Court of Chancery - 1871 - 652 strani
...question involves the construction of section 111 of the New York code, which is in these words : " Every action must be prosecuted in the name of the...interest, except as otherwise provided in section 113." Section 113 provides that an executor, administrator, or trustee of an express trust, or a person...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 strani
...found neither too stringent for suitors, nor too loose for the purposes of substantial justice. § 91. Every action must be prosecuted in the name of the...interest, except as otherwise provided in section 93. § 92. In the case of an assignment of a thing in action, the action by the assignee shall be without...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - 1848 - 672 strani
...necessary to a complete determination of the controversy. § 91. Every action must be prosecuted in tie name of the real party in interest, except as otherwise provided in sec- . tion 93. terat. § 92. In the case of an assignment of a thing in action, •A*>ignia ,. •,...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 strani
...party, defendant. New, for the purpose of defining who may be parties to actions in our courts. § 597. Every action must be prosecuted in the name of the...interest, except as otherwise provided in section 599. Amended Code, §111. § 598. In the case of an assignment of a thing in action, the action by...
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The New-York Legal Observer, Količina 8

Samuel Owen - 1850 - 416 strani
...MASON, J.—This motion is founded upon the 1l1th section of the amended Code, which declares that " every action must be prosecuted in the name of the...interest, except as otherwise provided in section 113," and the question presented is, whether the defendants are entitled, after verdict and judgment,...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Količina 14;Količina 45

1851 - 520 strani
...fulfilling the first part of the instructions given to the commissioners. By s. Ill, the act enacts that— "Every action must be prosecuted in the name of the...party in interest, except as otherwise provided in s. 113. "S. 112. In the case of an assignment of a thing in action, the action by the assignee shall...
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Laws of the State of New York, Količina 2

New York (State) - 1851 - 1408 strani
...can it be so extended in any case longer than one year after the disability ceases. Action to §111. Every action must be prosecuted in the name of the...party in interest, except as otherwise provided in secti°n one hundred and thirteen, but this section shall not be deemed to authorise the assignment...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 strani
...Infants. •i. Ptrtoni nf unsound mind, and prisoners. CHAPTER 1. Parties lo actions gcitcrully. $ 57. Every action must be prosecuted in the name of the real party in interest, except as provided in section sixty. § 58. In the case of an assignment of a thing in action, the action by...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Količina 1

Kentucky - 1851 - 548 strani
...Infant» . 3. I'ersont of unsound mind, and pruone.il. CHAPTER 1. Parlies to actions generally. ' § 57. Every action must be prosecuted in the name of the real party in interest, except as provided in section sixty. § 58. In the case of an assignment of a thing in action, the action by...
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Practice Reports in the Supreme Court and Court of Appeals, Količina 6

Nathan Howard (Jr.) - 1852 - 546 strani
...the action was well brought in the name of the plaintiff. Section 111, of the Code, provides that " every action must be prosecuted in the name of the...interest, except as otherwise provided in section Erickson agt. Compton. 113, &c. By section 113, "An executor or administrator, a trustee of an express...
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