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§ 25-304.Parties to actions.

Article 3: Parties · Last amended 2003 · Last verified July 22, 2026

In one sentenceThis section lists who may sue in a representative capacity, such as an executor, guardian, or trustee, without joining the person they are acting for, and addresses how officers and collection assignees may sue and be sued.

Full Text of § 25-304

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An executor, administrator, guardian, trustee of an express trust, a person with whom or in whose name a contract is made for the benefit of another, or a person expressly authorized by statute, may bring an action without joining the person for whose benefit it is prosecuted. Officers may sue and be sued in such name as is authorized by law and official bonds may be sued upon the same way. Assignees of choses in action assigned for the purpose of collection may sue on any claim assigned in writing.

Source

R.S.1867, Code § 32, p. 398; Laws 1913, c. 166, § 1, p. 509; R.S.1913, § 7585; C.S.1922, § 8528; C.S.1929, § 20-304; R.S.1943, § 25-304; Laws 2003, LB 19, § 1.

Plain-English Summary

Section 25-304 supplies the main exception to the real-party-in-interest rule in Section 25-301. An executor, administrator, guardian, trustee of an express trust, a person with whom or in whose name a contract was made for someone else’s benefit, or a person a statute expressly authorizes, may bring an action without joining the person the action benefits. These representatives sue in their own name because the law recognizes them as having the authority to act for the underlying interest.

The section also covers public officers, allowing them to sue and be sued in whatever name the law authorizes for that office, and it lets official bonds be sued upon the same way. And it addresses assignees for collection: someone who receives a claim assigned in writing for the purpose of collecting it may sue on that claim, even though the assignment was made only to let them pursue collection rather than to transfer full ownership.

Read together, these categories describe the range of people the law lets stand in for someone else’s legal interest, from fiduciaries managing an estate or trust to public officials acting in their official capacity to agents holding a claim strictly for collection.

Frequently Asked Questions

Can an executor sue on behalf of an estate without naming the heirs or beneficiaries?

Yes. Section 25-304 lets an executor bring an action without joining the person for whose benefit the action is prosecuted.

Does a trustee need to join the trust beneficiaries to sue on the trust’s behalf?

No, if the trustee holds an express trust. The trustee may sue in the trustee’s own name without joining the beneficiaries.

How does a public officer sue or get sued under this section?

An officer may sue and be sued in whatever name is authorized by law for that office, and official bonds may be sued upon in the same manner.

What does it mean for someone to sue as an assignee for collection?

It means the person received the claim in writing for the purpose of collecting it, and this section lets that person sue on the claim even though the assignment was limited to collection rather than a full transfer of ownership.

How does this section interact with the real-party-in-interest rule?

Section 25-301 requires actions to be prosecuted in the name of the real party in interest, and Section 25-304 lists the categories of representatives who count as an exception to that requirement.

Is a person expressly authorized by another statute automatically covered here?

Yes. The section extends to a person expressly authorized by statute to bring an action on someone else’s behalf, in addition to the listed fiduciary categories.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source
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