Conway v. Carter
New Mexico Supreme Court
Appeal from the district court of Grant county,, before Frank W. Parker, Associate Justice. This, suit being by the trustee of an express trust is an exception to the rule that suits must be brought in the name of the real party in interest. It can only be brought in the name of the Territory. Compiled Laws 1897, sec. 2685, subsecs. 2 and 3; also secs. 2939 and 2940; Woodworth y. Woodworth, 70 Mo. 601; Sickles y.
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Appeal from the district court of Grant county,, before Frank W. Parker, Associate Justice. This, suit being by the trustee of an express trust is an exception to the rule that suits must be brought in the name of the real party in interest. It can only be brought in the name of the Territory. Compiled Laws 1897, sec. 2685, subsecs. 2 and 3; also secs. 2939 and 2940; Woodworth y. Woodworth, 70 Mo. 601; Sickles y. McManus, 26 Mo. 28; State v. Campbell, 10 Mo. 724; Carmichael v. Moore, 88 N. Car. 29; Norman v. Walker, 101 N. Car. 24, 8 Ency. PL & Pr., 721-2; Rogers y. Gosnell, 51 Mo. 470;…
1Opinion of the Court
OPINION OP THE COURT.
McFIE, J.
The judgment having been rendered upon the pleadings in this case, the state of the pleadings at the time the judgment was rendered, has been set out above, substantially, in full. The appellant, who seeks a reversal of the judgment, is a surety upon an administrator’s bond, and who stands in this court upon his answer in the court below, admitting the execution of the bond as alleged in paragraph three of the complaint; admitting the allegations of paragraph four, that his principal “did receive and take into his custody and possession as such administrator” the…
2Cases cited19 opinions
- United States Ex Rel. Wilson v. WalkerSupreme Court of the United States · 1883
- Lammon v. FeusierSupreme Court of the United States · 1884
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- Ralston v. WoodIllinois Supreme Court · 1853
- State v. JohnsonIndiana Supreme Court · 1875
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3Cited by3 opinions
- American Surety Co. of New York v. James A. Dick Co.Court of Appeals for the Eighth Circuit · 1927
- State v. BarkerNew Mexico Supreme Court · 1947
- Green v. Brown & Manzanares Co.New Mexico Supreme Court · 1903