Page:1862 Territory of Dakota Session Laws.pdf/71

54 . 28. The guardian or the next friend is liable for the costs of the action brought by him, and, when he is insolvent, the court may require security for costs. Either may be a witness in an action brought by him.

. 29. The defence of an infant must be by a guardian for the suit, who may be appointed by the court, in which the action is prosecuted, or by a judge thereof, or by a probate or county judge. The appointment cannot be made until after service of the summons in the action, as directed by this code.

. 30. The appointment may be made upon the application of the infant, if he be of the age of fourteen years, and apply within twenty days after the return of the summons. If he be under the age of fourteen, or neglect to so apply, the appointment may be made upon the application of any friend of the infant, or on that of the plaintiff in the action.

. 31. All persons having an interest in the subject of the action and in obtaining the relief demanded, may be joined as plaintiffs, except as otherwise provided in this title.

. 32. Any person may be made a defendant, who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.

. 33. Of the parties to the action, those who are united in interest must be joined, as plaintiffs or defendants; but if the consent of one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason being stated in the petition.

. 34. When the question is one of a common or general interest of many persons; or when the parties are very numerous, and it may be impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.

. 35. Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, may, all or any of them, be included in the same action, at the option of the plaintiff.

. 36. An action does not abate by the death, marriage, or other disability of the party, or by the transfer of any interest therein, during its pendency, if the cause of action