 | North Carolina. Supreme Court - 1873 - 626 页
...interest. It is a sufficient answer to this objection that CC P., sec. 55, expressly provides that every action must be prosecuted in the name of the...party in interest, except as otherwise provided in sec. 57. This section is in these words : " An executor or administrator, a trustee of an express trust,... | |
 | New York (State), John Townshend - 1870 - 896 页
...Interpleading. §111. (Am'd 1862, 1866.) Action by party in interest. G-rantee of land held adversely. , Every action must be prosecuted in the name of the...interest, except as otherwise provided in section one hundred and thirteen ; but this section shall not be deemed to authorize the assignment of a thing... | |
 | Wyoming - 1870 - 808 页
...the same, after such payment, acknowledgment or promise. TITLE III. Partial to Civil Action. SEC. 31. Every action must be prosecuted in the name of the...interest, except as otherwise provided in section thirty-four. SEC. 32. The assignee of a thing in action may maintain an action thereon in his owu name... | |
 | Ransom Hebbard Tyler - 1870 - 982 页
...plaintiff, and the adverse party as the defendant. (Civil Code of Practice, title 1, §§ 1, 2.) And every action must be prosecuted in the name of the real party in interest, except he be a person judicially found to be of unsound mind, when the action must be brought by his committee,... | |
 | Charles W. Langdon - 1870 - 858 页
...Cal. 305. In whose Names Actions to be Prosecuted. SEC. 7. Every action shall be prosecuted in the name of the real party in interest, except as otherwise provided in the act to regulate proceedings in civil cases in the courts of justice of this state. Gen. Laws, 4943,... | |
 | New Jersey. Court of Chancery - 1871 - 670 页
...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... | |
 | Nebraska. Supreme Court - 1871 - 534 页
...therein, save in certain excepted cases. Section 29 of the Code of Civil Procedure provides that, " every action must be prosecuted in the name of the...interest, except as otherwise provided in section thirty-two." But section thirty-two has no application to the case at bar. Similar provisions were... | |
 | United States. Congress. Senate - 1871 - 1256 页
...as the plaintiff, and the adverse party us the dctVmlaut. 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 t* without... | |
 | United States. Supreme Court - 1872 - 1546 页
...concluded by the judgment. By the lllth section of the Code of Procedure in New York, it was enacted that "every action must be prosecuted in the name of the...interest, except as otherwise provided in section 118." The 118th section enacted thus: " An executor or administrator, a trustee of an express trust,... | |
 | Wisconsin - 1935 - 1308 页
...defendant. SECTION 8. Section 260.13 is amended to read : 260.13 REAL PARTY IN INTEREST MUST PROSECUTE. Every action must be prosecuted in the name of the...in interest except as otherwise provided in section 260.15. * * * SECTION 10. Section 260.19 is amended to read : 260.19 PARTIES INTERPLEADER (1) * * *... | |
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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... 
