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" not guilty :" and the plaintiffs obtained a verdict. The defendant's counsel (Mr. Serjeant Davy, Mr. Serjeant Burland, and Mr. Hotchkins,) moved for a new trial; objecting that the action ought to have been brought in the name of the... "
Reports of Cases Argued and Adjudged in the Court of King's Bench: During ... - Side 2681
av Great Britain. Court of King's Bench, James Burrow - 1812
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The Insurance Law Journal, Volum 16

1887 - 1096 sider
...Elizabeth H. Pingrey. HG NICHOLS, for Cara L. Pingrey. BE 1 EBRS, for Defendant. C. ALLEN, J. The objection that the action ought to have been brought in the name of the legal representatives of the assured, if valid, is waived : Bailey vs. New England Life Ins. Co., 114...
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The Eastern Reporter: Containing All the Decisions of the States ..., Volum 11

1887 - 1098 sider
...Elizabeth H. Pingrey. HG Nichols, for Cara L. Pingrey. BE Perry, for defendant. C. ALLEN, J. The objection that the action ought to have been brought in the name of the legal representatives of the assured, if valid, is waived. Bailey v. New England Life Ins. Co. 114...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volum 31

California. Supreme Court - 1887 - 784 sider
...Court. //. //. Hartley, for Appellant, argued that the demurrer should have been sustained, because the action ought to have been brought in the name of the people of the State of California, and because it did not aver that the plaintiff was the successor...
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The Southwestern Reporter, Volum 139

1911 - 1320 sider
...Mechanics' Bank is not the real party in interest. It is claimed by appellant, and conceded by respondent, that the action ought to have been brought in the name of Oliver B. Filley's administrators." In discussing that objection, this court said : "We think appellant...
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The Law of Agency in British India

Tindal Arthur Pearson - 1890 - 530 sider
...constituted such a variance from the particular as to vitiate the contract of sale ; it was objected that the action ought to have been brought in the name of Harding ; Lor Ellenborough held that although on the agreement Harding only might hav been liable,...
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Negligence in Law, Volum 1

Thomas Beven - 1895 - 980 sider
...freight of goods carried by the plaintiffs. In Davis ?;. James, 5 Burr. 2680, it was objected that thu action ought to have been brought in the name of the...delivering the goods to the carrier ; and that no property remained in . them after such deli?erv.'? Lord Mansfield said : " There was neither law nor...
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Reports of Cases Adjudged in the Superior Court and Supreme Court ..., Volum 1

Connecticut. Superior Court - 1898 - 650 sider
...the church nor the deacons of the church, are a civil corporation capable of suing or being sued; and that the action ought to have been brought in the name of the executors of the original promisee — Demurrer. Nortlntm v. l,helps. SEERS v. BLAKESLY. The service...
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Pittsburgh Legal Journal, Volum 47

1900 - 460 sider
...left no widow or children, was never married, and his mother survives him. Under the statute of 1855 the action ought to have been brought in the name of the mother. That statute declares who shall bring the action and for whose benefit the action is brought,...
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Cases Argued and Decided in the Supreme Court of the United ..., Volumer 14-17

United States. Supreme Court - 1901 - 1124 sider
...has only an equitable, not a legal, interest. The right of assignment is in the former only." Here the action ought to have been brought in the name of the trustee, and not of the cestui que trust. The Attorney-General, contra, contended, that the position...
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Virginia Reports: Jefferson--33 Grattan, 1730-1880

1902 - 898 sider
...ad satisfaciendum. The defendants demurred to the declaration, on the sole ground, it is believed, that the action ought to have been brought in the name of the then governor, successor of Gilmer, and not in the name of Gilmer, late governor. This point has not...
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