...Capacity. (a) REAL PARTY IN INTEREST. Every action shall be prosecuted in the name of th'3 real party hi interest; but an executor, administrator, guardian,...has been made for the benefit of another, or a party authorized by statute may sue in his own name without joining with him the party for whose benefit...

...the enforcement of legal and equitable rights by the like form of proceeding, have directed that " every action shall be prosecuted in the name of the real party in interest, but this section shall not be deemed to authorise the assignment of a thing in action not arising out of...

...specified in section 2758 of the Revision as follows : " An executor or administrator, a guardian, a trustee of an express trust, a party with whom or in whose name a contract is made for the benefit of another, or a party expressly authorized by statute, may sue in...

...Interest, except as provided In the next section. SEC. 2758. An executor or administrator, a guardian, a trustee of an express trust, a party with whom, or In whose name a contract is made for the benefit of another, or a party expressly authorized by statute, may sue In...

...and therefore not entitled to prosecute this action within § 27 of the code, which provides that " Every action shall be prosecuted in the name of the real party in interest." But the operation of § 27 is modified by § 37 supra, which in effect provides that when an action is...

...of the practice act of 1880, which provides as follows: "An executor or administrator, a guardian, a trustee of an express trust, a party with whom or in whose name a contract is made for the benelit of another, or party expressly authorized by statute, may sue in his...

...the practice act of 1880, which provides as follows: " An executor or administrator, a guardian, a trustee of an express trust, a party with whom or in whose name a contract is imrle for the benefit of another, or party expressly authorized by statute, way sue in...

...interest whatever in the subject-matter of the suit, and the statute (section 1729, RS 1909) requires that every action shall be prosecuted In the name of the real party in interest. But that section says, too, except as otherwise provided in the next succeeding section. The next succeeding...

...essential that they be made plaintiffs? The statute (Gen. Stats. 1878, c. 66, sec. 26) provides that " every action shall be prosecuted in the name of the real party in interest." But where there are several who are entitled to the benefit of the relief Bought, ie, several real parties...

...into the county treasury. By section 6002 it is provided that a trustee of an express trust, a person in whose name a contract has been made for the benefit of another, or any officer, may bring an action without joining with him the person for whose benefit it is prosecuted....