This case has been cited 1 times or more.
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2012-12-05 |
BRION, J. |
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| It is well-settled that "every action must be prosecuted or defended in the name of the real party in interest[,]" "who stands to be benefited or injured by the judgment in the suit, or by the party entitled to the avails of the suit."[33] Interest means material interest or an interest in issue to be affected by the decree or judgment of the case, as distinguished from mere interest in the question involved.[34] By real interest is meant a present substantial interest, as distinguished from a mere expectancy, or a future, contingent, subordinate or consequential interest.[35] When the plaintiff or the defendant is not a real party in interest, the suit is dismissible.[36] | |||||