Wallace & La Tourette v. Eaton
New York Supreme Court
This is a complaint in the nature of a bill in equity. The case comes before the court on a demurrer to the complaint. The complaint sets up in short the recovery of a judgment in the Supreme Court against one William R. Kelsey, on the 1st day of February 1849, for $632,93, for goods sold and delivered. It also sets forth the issuing of an execution to the sheriff of the proper county and a return of nulla bona thereon.
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This is a complaint in the nature of a bill in equity. The case comes before the court on a demurrer to the complaint. The complaint sets up in short the recovery of a judgment in the Supreme Court against one William R. Kelsey, on the 1st day of February 1849, for $632,93, for goods sold and delivered. It also sets forth the issuing of an execution to the sheriff of the proper county and a return of nulla bona thereon. It also alleges and charges that the said debtor and the defendants in this suit for the purpose of defrauding the creditors of the said Kelsey, and particularly the…
1Opinion of the Court
Mason, Justice.
The present Code of Procedure has adopted, with slight modifications, the rule in relation to parties which has heretofore obtained in Courts of Equity (see sections 111, 113, 118, 119, 122, 274). The 111th section provides “that the action shall be prosecuted in the name of the real party in interest, except in case of an action, by an executor, administrator or trustee of an express trust, or a person expressly authorized by statute, without joining the person for whose benefit the suit *101is prosecuted.” With these exceptions the suit must he prosecuted, in all cases in the…
2Cited by6 opinions
- Graham v. City of MinneapolisSupreme Court of Minnesota · 1889
- Hodge v. DrakeNew York Supreme Court · 1891
- Marsh v. DooleyCalifornia Supreme Court · 1877
- Miller v. HallThe Superior Court of New York City · 1876
- Smith v. SiblichSuperior Court of Buffalo · 1891
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