Menz v. Beebe

The mere fact that the complaint states that at the times mentioned the plaintiff was “ of a weak and feeble mind, and not of sufficient mental capacity to attend to ordinary business transactions, or to protect and preserve his property rights,” did not prevent him from commencing and maintaining this action. “Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in sec. 2607,” E. S. E. S. sec. 2605. The section thus referred to provides that “An executor or administrator, a trustee of an express trust, or a person expressly authorized by…