Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/45

== CODE CIVIL PROCEDURE ==

Parties to §§ 7404-7405
sary party to complete determination or settlement of the questions involved therein; and in an action to recover possession of real estate the landlord and tenant thereof may be joined as defendants, and any person claiming title or right of possession to real estate may be made party, plaintiff or defendant, as the case may require, to any such action.

[R.C. 1905, § 6818; C. Civ. P. 1877, § 82; R.C. 1899, § 5230.]

For intervener within jurisdiction of court see Braithwaitte v. Akins, 3 N.D. 365, 56 N.W. 133.

In an action for the recovery of money only, plaintiff cannot be compelled to litigate his claim against a stranger he has not chosen to sue. Boltion v. Donovan, 9 N.D. 575, 84 N.W. 357.

Real party in interest may move to set aside judgment in action to quite title in which he was not served. Brettell v. Deffebach, 6 S.D. 21, 60 N.W. 167; Leighton v. Serveson, 8 S.D. 350, 66 N.W. 938.

Proper parties defendant in action to contest validity of election submitting question "shall intoxicating liquors be sold at retail." Treat v. Morris, 25 S.D. 615, 127 N.W. 554

One who is director in corporation is not proper party plaintiff in action to set aside transfer of stock alleged to have been made to officer, of corporation as result of fraudulent representation on part of said offer. Niven v. People, 23 N.D. 202, 136 N.W. 73.

All parties having or claiming interest in real property must be made parties to action concerning title thereto. Murdock v. Hanson, 23 N.D. 280, 136 N.W. 236.

Necessary parties to action for specific performance of contract for sale of corporate stock. 31 L.R.A. (N.S.) 502.

Necessity of joining corporation in suit for specific performance of contract for sale of corporate stock. 50 L.R.A. 512.

Necessity of making firm or copartners parties in individual proceedings in bankruptcy. 69 L.R.A. 780.

When heirs of deceased partner necessary parties to suit relating to partnership real estate. 27 L.R.A. 340

Are holders' necessary parties to proceedings to invalidate warrants or other moneyed obligations of county, state or municipal corporation. 3 L.R.A. (N.S.) 256

Necessity that bailor be a party to affect him with the result of a suite by a third person against the bailee. 33 L.R.A. (N.S.) 690

Effect of judgment in ejectment against tenant upon a landlord not a party, or vice versa. 26 L.R.A. (N.S.) 595.

Judgment against trustee in mortgage as affecting beneficiary who was not a party. 35 L.R.A. (N.S.) 196

Effect of foreclosure of one of several simultaneous mortgages without making other mortgagees parties to the suit. 39 L.R.A. (N.S.) 524

Extent to which bondholders are represented by trustee in mortgage or deed of trust securing bonds. 16 L.R.A. (N.S.) 1006

Title or purchaser at judicial sale as affected by irregularities as to parties. 21 L.R.A. (N.S.) 43

Joinder of parties defendant in action against municipality for breach of duty as to drainage. 61 L.R.A. 711

Effect on marketability of title of want of necessary parties in court proceedings. 38 L.R.A. (N.S.) 22.

Joinder of parties in action against officer for making arrest. 51 L.R.A. 222.

Joinder and misjoinder in suit on Llloud's policies of insurance. 55 L.R.A. 198.

Right to join agent and undisclosed principal as defendants in the same action. 26 L.R.A. (N.S.) 742.

Joinder of municipality and person responsible for dangerous condition in action for injuries on street or highway. 37. L.R.A. (N.S.) 569.

Joinder of person whose independent wrongs of the same kind contribute to enhance the degree or extent of injury sustained by plaintiff. 10 L.R.A. (N.S.) 167.

As to similar provisions in Cal. Code Civ. Proc., § 379, see Shakespear v. Smith, 77 Cal. 638, 11 Am. St. Rep. 327, 20 Pac. 294; Gardener v. Samuels, 116 Cal. 84, 58 Am. St. Rep. 135, 47 Pac. 935; Briggs v. Breen, 123 Cal. 657, 56 Pac. 633, 886.

§ 7405. Person holding unrecorded conveyance need not be made parties. In an action to foreclose a mortgage or other lien upon real property no person holding a conveyance from or under the mortgage of the property mortgaged or other owner thereof, or person having a lien upon such property, which conveyance or lien does not appear of record in the proper office at the time of the commencement of the action, need be made a party to such action; and the judgment therein rendered and the proceedings therein had are as conclusive against the party holding such unrecorded conveyance or lien as if he has been