 | John Duer - 1858 - 794 sidor
...indorsement ; the plaintiff is not such a holder. And, second, the Code requires that the suit shall be brought in the name of the real party in interest. The act of Young, Bonnell & Sutphen, in placing the note in the hands of an attorney, to be sued in his... | |
 | William Wait - 1872 - 950 sidor
...of equitywas substituted for the rule at common law, and the Code required that every action should be brought in the name of the real party in interest, the principal became the proper party plaintiff, although not mentioned in the contract upon which The... | |
 | Michigan. Legislature. House of Representatives - 1873 - 1004 sidor
...being granted, introduced A bill requiring all actions hereafter brought in the courts of this State to be brought in the name of the real party in interest. The bill was read a first and second time by its title, and referred to the committee on judiciary. Mr.... | |
 | Oliver Lorenzo Barbour - 1876 - 720 sidor
...maintain an action on the note in the name of Underwood. Since the Code, which authorizes the action to be brought in the name of the real party in interest, the plaintiff can maintain an action in his own name on a note not negotiable but of which he is the real... | |
 | Ohio. Superior Court (Cincinnati), John H. Handy, Robert D. Handy - 1877 - 692 sidor
...promissory note, which has been transferred by the payee, can not be maintained in his name. It must be brought in the name of " the real party in interest." The court, however, on proper terms, will allow the petition to be amended so as to substitute the proper... | |
 | 1902 - 2074 sidor
...the code practice prevailing in this state he was the plaintiff, as the state law requires all civil actions to be brought in the name of the real party in interest. The reason why the law holds a service of process upon the person who brings the action void applies equally... | |
 | Austin Abbott - 1883 - 602 sidor
...do. It is enough for him that the deed does him no injury." When the Code enacted that actions should be brought in the name of the real party in interest, the new difficulty was removed by the special provision allowing the action, although for the benefit of... | |
 | 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 - 1883 - 820 sidor
...do. It is enough for him that the deed does him no injury." When the Code enacted that actions should be brought in the name of the real party in interest, the new difficulty was removed by the special provisions allowing the action, although for the benefit... | |
 | 1912 - 1164 sidor
...Again on page 166 of the same volume it is said: "Under the provision of the Code that actions shall be brought in the name of the real party In interest, the cestui que trust may, In many cases, maintain an action in his own name in regard to the trust property."... | |
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... requiring actions to be brought in the name of the "real party in interest and the conception of such rights as property, and the possession thereof as ownership, account for its passing away. 
