 | New York (State). Court of Appeals - 1867 - 636 sivua
...or administrator or trustee of an express trust, and plaintiff is not authorized by any statute to sue, without joining with him the person for whose benefit the action is prosecuted. 3d. That the check was given to pay a debt claimed to be duo from Ulman to Lumley, but that in tact... | |
 | John Townshend - 1867 - 298 sivua
...sue. — Security for costs. (1.) In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs shall be recovered, as in an action by and against a person prosecuting or defending in his own... | |
 | New York (State) - 1867 - 1086 sivua
...Costs against an infant plaintiff! 817. Costs in an action by or against an executor or administrator, S o &+ " + 2 76 zTZ )KT B ݘn7 i7v hf > n̅ [r to sue. Security for costs. 318. Costs on review of a decision of an inferior court in a special proceeding.... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1868 - 672 sivua
...the argument, was directed to section 113 of the Code, by which it is declared that an executor, &c., may sue without joining with him the person for whose benefit the action is prosecuted. This has no application in the case of an action to obtain the construction of a will and the directions... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868 - 624 sivua
...executor or administrator, a trustee of au express trust, or a person expressly authorized by statute, to sue without joining with him the person for whose benefit the action is prosecuted. But if these provisions of the code arc to be regarded as qualifying the section cited on the subject... | |
 | Ransom Hebbard Tyler - 1868 - 984 sivua
...the name • of the real party in interest, except in the cases of an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, a suit may be brought without joining the person for whose benefit the action is prosecuted ; arid... | |
 | California, Theodore Henry Hittell - 1868 - 410 sivua
...325; 18 Cal. 415; 20 Cal. 515.] Action hy execntor, trustee of express trust, etc. § 6.* An execntor or administrator, or trustee of an express trust, or a person expressly anthorized hy statnte, may sue withont joining with him the person or persons for whose henefit the... | |
 | North Carolina. Supreme Court - 1873 - 626 sivua
...as otherwise provided in sec. 57. This section is in these words : " An executor or administrator, a trustee of an express trust, or a person expressly...person for whose benefit the action is prosecuted,'' &c. It cannot be pretended that this case falls within the exceptions mentioned in this section ; and... | |
 | New York (State). - 1869 - 280 sivua
...113. An executor or administrator, a trustee of an express trust, or a person expressly authori2ed by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, shall be construed to include a... | |
 | North Carolina. Supreme Court - 1876 - 886 sivua
...57: "An executor or administrator, a trustee of </« express trust, or a person expressly authorize.! by statute, may sue without joining with him the person for whose benefit the action is prosecuted," and relied on \\'illty v. (jutlimj, 70 Is. C. Rep. 410, to support his prosecution. In that case Willey... | |
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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... 
