Code,  1910,  §§  179,  180;  Wisconsin,
Stat.,  1919,  §§  2605,  2607;  Wyom-
ing, Comp.  Stat.,  1920,  §§  5580,
5582;  United  States,  Equity  Rules,
1912,   Rule   37.
2  ' '  The  general  rule  is,  that  the
action  should  be  brought  in  the
name  of  the  party  whose  legal
right  has  been  affected,  against
the  party  who  committed  the  in-
jury, or  by  or  against  his  personal
representative;  and  therefore  a
correct  knowledge  of  legal  rights,
and  of  wrongs  remediable  at  law,
will,  in  general,  direct  by  and
against  whom  the  action  should  be
brought."— Chitty's  Pleadings,  5
Am.   Ed.   1.
(122)


Sec.  1.]  The  Eeal  Pabtt  in  Interest.  123

a  trustee  of  an  express  trust,  or  a  person  expressly  authorized  by
statute,  may  sue,  without  joining  with  him  the  person  for  whose
benefit  the  action  is  prosecuted.  A  person,  with  wliom  or  in
whose  name,  a  contract  is  made  for  the  benefit  of  another,  is  a
trustee  of  an  express  trust  within  the  meaning  of  this  section."


WEBB  V.  MORGAN  &  CO.
Supreme  Court  of  Missouri,  1851.     14  Mo.  428.
