Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/40

== CODE CIVIL PROCEDURE ==

Civil Actions §§ 7394-7395
Promise by principal as extending limitation period as the surety. 37 L.R.A. (N.S.) 272.

Acknowledgement or promise to pay by joint debtor as agent of codebtor, as suspending or tolling statue of limitations as himself. 38 L.R.A. (N.S.) 685.

Effect of acknowledgment by mortgagor to toll statute as against his grantee or other person holding interest in property through him. 28 L.R.A. (N.S.) 169.

Payment by one joint debtor, as avoiding effect of the statute as to another. 55 Am. Rep. 42; 51 Am. Dec. 330.

Payment by principal as extending limitations period as to surety. 37 L.R.A. (N.S.) 272.

Payment by joint debtor as agent of codebtor, as suspending or tolling statute of limitations as himself. 38. L.R.A. (N.S.) 685.

Effect of party payment on margage by one cotenant to toll statute of limitations as to himself 27. L.R.A. (N.S.) 146.

Effect of payment by mortgagor to toll statute as against his grantee or other person holding interest in property through him 28 L.R.A. (N.S.) 169.

Payment of interest by devisee of property covered by mortgage, as keep debt alive against whole estate. 2 B.R.C. 292.

Effect of application to indebtedness of proceeds of sale of collateral security, upon running of statute of limitations 27 L.R.A. (N.S.) 843.

Effect of application of proceeds of sale under deed of trust or mortgage upon the running of the statute of limitations against the indebtedness secured. 14 L.R.A. (N.S.) 479.

Effect of payments to estop one from pleading statute of limitations. 63 L.R.A. 203.

Effect of payment of conditions to take a debt out of the bar of statute of limitations. 55 LR.A. 320.

Revival of barred debt by application of general payment. 14 L.R.A. 208; 13 L.R.A. (N.S.) 1141.

Right to apply indebtedness owed by creditor to debtor, for purpose of tolling statute of limitations. 42 L.R.A. (N.S.) 1155

Effect of giving a check for an indebtedness, or part thereof, to toll the statute of limitations upon the original indebtedness. 18 L.R.A. (N.S.) 223.

At what time does a partial payment made by check or not arrest the running of the statute of limitations. 1 B.R.C. 494.

Effect of payment on barred judgment. 8 L.R.A. (N.S.) 445

Effect of payment on security held as collateral to stay running of statute against principal obligation 12 L.R.A. (N.S.) 1032.

Giving of commercial paper as taking debt out of statute of limitations. 35 L.R.A. (N.S.) 97

Does the last payment on a past due debt secured by a mortgage, which debt subsequently becomes barred, fix the period from which the limitation applicable to the mortgage is to be computed. 11 L.R.A. (N.S.) 774.

As to similar provision in Cal. Code Civ. Proc., § 360, see Wells v. Harter, 56 Cal. 342; Biddel v. Brizzolara, 56 Cal. 374; Curtis v. Sacramento, 70 Cal. 412, 11 Pac. 748; Auzerais v. Naglee, 74 Cal. 60, 50 Pac. 60, 50 Pac. 371; Booth v. Hoskins, 75 Cal. 271, 17 Pac. 225; Tuggle v. Minor, 76 Cal. 96, 18 Pac. 131; Baird v. Crank, 98 Cal. 293, 33 Pac. 63; Wells F. & Co. v. Enright, 127 Cal. 669, 49 L.R.A. 647, 60 Pac. 439; Rounthwaite v. Rounthwaite, 6 Cal. Unrep. 878, 68 Pac. 304; Morehouse v. Morehouse, 140 Cal. 88, 73 Pac. 738, 6 Cal. Unrep. 966, 69 Pac. 625.

§ 7395. Action must be prosecuted by party in interest. Every actions must be prosecuted in the name of the real party in interest except as otherwise provided in section 7397.

[R.C. 1905, § 6807; C. Civ. P. 1877, § 74; R.C. 1895, § 5221.]

Application for mandamus should be in name of State ex rel State v. Carey, 2 N.D. 36, 49 N.W. 164.

Objection that action is not prosecuted in name of real party in interest may be raised by answer or demurrer. J.I. Case Co. v. Pederson, 6 S.D. 140, 60 N.W. 747.

Action must be prosecuted in name of real party in interest. Smith v. Trust Co., 8 N.D. 451, 79 N.W. 981.

One having naked legal title to chose in action may maintain suit thereon. Seybold v. Bank, 5 N.D. 460, 67 N.W. 682; Coughran v. Sundback, 9 S.D. 483, 70 N.W. 644

County not necessary party to suit on sheriff's bond. Hollister v. Hubbard, 11 S.D. 461, 78 N.W. 949.

Action on bail bond should be in name of state. State v. Newson, 8 S.D. 327, 66 N.W. 468