Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/41

== CODE CIVIL PROCEDURE ==

Parties to § 7395
Assignee of claim for purposes of cllection, though not only real party in interest, may sue as trustee of express trust. Citizens' Bank v. Corkings, 9 S.D. 614, 70 N.W. 1059, 62 Am. St. Rep. 891.

Wife joining in acceptance of offer for husband's property, not necessary party plaintiff in action for specific performance. Edmison v. Zborowski, 9 S.D. 40, 68 N.W. 288.

Joining grantor and grantee as plaintiffs in suit for recovery of land adversely held at time of grant. Hegar v. DeGroat, 3 N.D. 354, 56 N.W. 150.

As to holder of unindorsed promissory note payable to another order. American Soda Fountain Co. v. Hogue, 17 N.D. 375, 17 L.R.A. (N.S.) 1113, 116 N.W. 339.

Action maintainable by grantee to recover land possessed adversely to grantor, although grant made before passage of act. Cambell v. Equitable Loan & T. Co., 17 S.D. 31, 94 N.W. 401.

Party contracting for undisclosed principal may maintain action upon contract. Stewart v. Gregory, Carter & Co., 9 N.D. 618, 84 N.W. 533.

Action may be maintained in name of grantor for use and benefit of grantee as real pary in interest. Galbraith v. Payne, 12 N.D. 164, 96 N.W. 258

Right of one not specifically named to maintain action for libel or slander based on charges made against a class or group of persons to which he belongs. 23 L.R.A (N.S.) 726; 25 L.R.A. (N.S.) 382.

Who may sue for improper use of union label. 39 L.R.A (N.S.) 1197

Who may institute proceedings to disbar or suspend attorney for withholding client's money or property. 19 L.R.A. (N.S.) 419.

Who entitled to remedy by action for damages for wrongful discharge of servant. 6 L.R.A. (N.S.) 57.

Who maintain action for property destroyed by mob. 44 L.R.A. (N.S.) 359.

In whose name actions by and against deputies should be brought. 42 L.R.A. (N.S.) 887.

Right of one not a party to original replevin action to recover property seized under process in that action. 5 L.R.A. (N.S.) 495.

Right of stranger to writ of habeas corpus. 9 L.R.A. (N.S.) 1173.

Who is entitled to invoke certiorari to review a decree or order affecting the sale of intoxicating liquor. 19 L.R.A. (N.S.) 610.

Who is real party in interest within meaning of statute defining parties by whom action must be brought. 64 L.R.A. 581.

Agent as trustee of express trust within exception in statute requiring suits to be brought in the name of the real party in interest. 41 L.R.A. (N.S.) 641.

Parties, in proceedings to partition property of decedents. 41 Am. St. Rep. 142.

Sufficiency of equitable title to sustain action for injury to real property. 30 L.R.A. (N.S.) 231.

Lessee's right to maintain suit to enjoin nuisance. 3 L.R.A. (N.S.) 448

Right of one in possession to maintain action for nuisance without proving title 34 L.R.A. (N.S.) 560.

Who may sue township for injury by defects in highway. 13 L.R.A. (N.S.) 1241

Interference with one's use of highway as special damages which will sustain an action by him against the wrongdoer. 28 L.R.A. (N.S.) 1053

State as proper party to maintain bill to abate or enjoin public nuisance in a city street. 19 L.R.A. (N.S.) 1173.

Right of tenant for years to recover from a municipality for change of grade in street. 48 L.R.A. (N.S.) 899.

Who may sue for damming back water of stream. 59 L.R.A. 898.

Who may sue for injury by surface water. 65 L.R.A. 283.

Who may contest assessment for drains and sewers. 60 L.R.A. 241.

Parties entitled to assert forfeiture of interest in will under provisions for forfeiture of contesting beneficiary. 68 L.R.A. 455.

Injured employes' right to reach fund under employers' liability policy. L.R.A. (N.S.) 958; 48 L.R.A. (N.S.) 191

May one who destroys insured property defeat an action by the owner of the grounds that the right of action is in the insurer. 23 L.R.A. (N.S.) 870.

Should action against third person who caused the loss be brought by insurer or insured, where insurer has paid loss and been subrogated to rights of insured. 2 L.R.A. (N.S.) 922

Right of former sheriff to maintain action in respect of a sale made by him while in office. 29 L.R.A. (N.S.) 792.

Parties to action under federal employers liability act. 47 L.R.A. (N.S.) 73.

Who may maintain action against carrier for nondelivered of good delivered for transportation to purchaser or consignee. 22 L.R.A. 427.

Who entitled to relief where municipal corporation grants or leases space on street or sidewalk for business purposes. 25 L.R.A. (N.S.) 404.

Holder on unindorsed note as real party in interest within meaning of statute by whom the action must be brought. 17 L.R.A. (N.S.) 1113.