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real party in interest

Defined in 2 dictionaries — Case Law, Ballentine's (1916)

Definitions from Case Law

From 338 U.S. 366 - United States v. Aetna Casualty & Surety Co. · 1949Most cited · 1,569 citing opinions

Every action shall be prosecuted in the name of the real party in interest; an insurer-subrogee, who has substantive equitable rights, qualifies as such. If the subrogee has paid an entire loss suffered by the insured, it is the only real party in interest and must sue in its own name.

Ballentine's Law Dictionary

James A. Ballentine · 1916

One who is entitled to the avails of a suit. See 22 Neb. 681, 3d N. W. 869.