Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/44

== CODE CIVIL PROCEDURE ==

Civil Actions §§ 7400-7404
general or testamentary guardian of such infant, if he has one within this state; if he has none, then to the infant himself, if over fourteen years of age and within the state; or if under that age and within the state, to the person with whom such infant resides. in actions for the partition of real property, or for the foreclosure of a mortgage or other instrument, and in all actions affecting the title to real property or wherein such infant is a proper or necessary party defendant, when an infant resides out of this state, the plaintiff may apply to the court or judge thereof, in which the action is pending, and will be titled to an order designating some suitable person to be the guardian for the infant defendant for the purposes of the action, unless the infant defendant or someone in his behalf within a number of days after service of copy of the order, which number of days shall be in the said order specified, shall procure to be appointed a guardian for the said infant; and the court shall give special directions in the order for the manner of service thereof, which may be upon the infant himself or by service upon any relation or person with whom the infant resides, and either by mail or personally upon the person so served. And in case an infant defendant having an interest in the even of the action shall reside in any state with which there shall not be a regular communication by mail, on such fact satisfactorily appearing to the court, the court may appoint a gradian ad litem for such absent infant party, for the purpose of protecting the right of such infant in said action, and on such guardian ad litem process, pleadings and notice in the action may be served in like manner as upon a party residing in this state.

[R.C. 1905, § 6812; 1897, ch. 96; R.C. 1899, § 5226.]

§ 7401. Guadian for person of unsound mind. When the defendant is a person of unsound mind at the time the action is commenced and no guardian has been appointed of his person or estate, the court or a judge thereof shall appoint a guardian for him for the action If during the pendency of an action wither party shall become or prove to be of unsound mind, the action may be prosecuted or defended by his guardian in like manner as if it had been commenced after the appointment of the guardian, or the court or judge may appoint a guardian for the action as the case may require. Such guardian for the action may be appointed upon the application of any party thereto or any relative or friend of such person of unsound mind after at least five days' notice of such application shall have first been given to such person at the court or judge shall direct. Upon the hearing of such application the court or judge may, if deemed desirable and practicable, order such person of unsound mind to appear or the brought in by the sheriff in person.

[R.C. 1905, § 6813; R.C. 1895, § 5227.]

§ 7402. Guardian's security. No guardian appointed for an infant or person of unsound mind under the provisions of this chapter shall be permitted to receive any money or other property of the ward except costs and expenses allowed to the guardian by the court, or recovered by the ward in the action, until he has given sufficient security approved by the judge of the court to account for and apply the same under the direction of the court. And no person appointed a guardian for the purpose of defending an action brought against an infant or person of unsound mind shall be liable for the costs of such action, unless specially charged by the order of the court for some personal misdemeanor therein.

[R.C. 1905 § 6814; C. Civ. P. 1877, § 80; R.C. 1895, § 5228.]

§ 7403. Who to be plaintiffs. 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 chapter.

[R.C. 1905, § 6815; C. Civ. P. 1877, § 81; R.C. 1899, § 5229.]

§ 7407. Defendants. Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff or who is a necces