Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/43

== CODE CIVIL PROCEDURE ==

Parties to §§ 7397-7400
A trustee of an express trust within the meaning of this section shall be construed to include a person with whom or in whose name a contract is made for the benefit of another.

[R.C. 1905, § 6809; C. Civ P. 1877, § 76; R.C. 1899, § 5223.]

Real party in interest; suit by agent or trustee. McLaughlin v. Bank, 6 D. 406, 43 N.W. 715; ''Lewis v. Ry. Co., 5 S.D. 148, 58 N.W. 580; Hudson v. Archer, 4 S.D. 128, 53 N.W. 1099; Braithwaite v. Power'', 1 N.D. 455, 48 N.W. 354, 56 N.W. 150. Smith v. Trust Co., 8 N.D. 451, 79 N.W. 981; Hegar v. DeGrost, 3 N.D. 354, 56 N.W. 150.

Suit upon bail bond may be in name of state as trustee for county. State v. Newson, 8 S.D. 327, 66 N.W. 353.

Agent, purchasing township warrant with principal's money, may sue thereon, where it is assigned to him individually. Brannon v. What Lake Twp., 17 S.D. 83, 95 N.W. 284.

Executor of plaintiff may continue action to cancel deed without joining residuary legatee. Subera v. Jones, 20 S.D. 628, 108 N.W. 26.

Right of next of kin to maintain action in interest of estate. 22 L.R.A. (N.S.) 454.

Right of trustee in bankruptcy, or assignee for creditors, to maintain partition. 20 L.R.A. (N.S.) 105.

Scope of statute permitting trustee of express trust to sue without joining beneficiaries, when rights as between beneficiaries, or between them and the trustee, are involved. 5 L.R.A. (N.S.) 275.

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.

Right of agent who was in possession of person property to maintain an action for conversion. 26 L.R.A. (N.S.) 840.

Right to agent to whom goods are consigned to maintain action against carrier. 36 L.R.A. (N.S.) 72.

Right of agent, factor, broker or commission merchant, to whom goods are consigned for sale, to maintain action against a common carrier for damage to, or loss of, goods during transit. 26 L.R.A. (N.S.) 437.

Liability involved in the exercise of the right to control or carry on litigation in the name of another party. 62 L.R.A. 617.

Character of contract as affecting right of undisclosed principal to sue thereon. 29 L.R.A. (N.S.) 472; 39 L.R.A. (N.S.) 324.

As to similar provision in Cal Code Civ. Proc., § 369, see Walker v. McCusker, 71 Cal. 594, 12 Pac. 723.

§ 7398. Married woman. When a married woman is a party, her appearance, the prosecution of defense of the action and the joinder with her of any other person or party must be governed by the same rules as if she was single.

[R.C. 1905, § 6810; C. Civ. P. 1877, § 77; R.C. 1899 § 5224.]

As to similar provision in Cal. Code Civ. Proc., § 370, see Leonard v. Townsend, 26 Cal. 435.

§ 7400. Guardian how appointed. The guardian shall be appointed;

1. When the infant is plaintiff, upon the application of the infant, if he is of the age of fourteen years; or if under the age, upon the application of his general or testamentary guardian, if he has nay, or of relative or friend of the infant. If made by a relative or friend of the infant, notice thereof must first be given to such guardian, if he has one; if he has none, then to the person with whom such infant resides.

2. When the infant is defendant, upon the application of the infant. If he is of the age of fourteen years and applies within twenty days after the service of summons. If he is under the age of fourteen or neglects so to apply then upon the application of any other party to the action, or of relative or friend of the infant, after notice of such application being first given to the