Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/46

== CODE OF CIVIL PROCEDURE ==

Civil Action §§ 7405-7408
made a party to the action.

[R.C. 1905, § 6817, ch. 84, § 1; R.C. 1899, § 5231.]

Subsequent purchaser is bound by notice of pendency of action duly filed correctly describing land. Borden v. Mcnamars, 20 N.D. 225, 127 N.W. 104 Ann. Cas. 1912C, 841.

As to similar provision in Cal. Code Civ. Proc., § 728, see Byrne v. Hoag, 126 Cal, 283, 58 Pac. 688; ''Higgins v. San Diego Sav. Bank'', 129 Cal. 184, 61 Pac. 943; McDougal v. Downey, 45 Cal. 165.

§ 7406. Parties to be joined. Of the parties to the action those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason therefore being stated in the complaint; and when the question is one of a common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the court, one or more may sue or defend for benefit of the whole.

[R.C. 1905, § 6818; C Civ. P. 1877, § 83; R.C. 1899, § 5232.]

Tenants in common are not "united in interest" within this section. Mather v. Dunn 11 S.D. 196, 76 N.W. 922, 74 Am. St. Rep. 788.

As to making joint obligors defendants in action on contract. Clements v. Miller, 13 N.D. 176, 100 N.W. 239

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 representations on party of said officer. Niven v. Peoples, 23 N.D. 202, 136 N.W. 73

Effect of creditors' bill for all similarly situated 17 L.R.A. 348.

Plaintiff's control of suit brought for all similarly situated. 46 L.R.A. 839.

In proceedings to partition property of decedents. 41 Am. St. Rep. 142.

§ 7407. When severally liable. Persons severally liable upon the same obligation or instruments, including the parties to bills of exchange and promissory notes, whether the action is brought upon the instrument, or by a party thereto to recover against other parties liable over to him, and persons liable severally for the same debt or demand, although upon different obligations or instruments, may all, or one or more of them, be included in the same action at the option of the plaintiff.

[R.C. 1905, § 6819; C. Civ. P. 1877, § 84; R.C. 1895, § 5233.]

Original obligor and grantor may be joined as defendants in action for debt. Senn v. Connelly, 23 S.D. 158, 120 N.W. 1097.

Assignee of mortgage may make original mortagee party to action to foreclose mortgage. Alexander v. Ransom, 16 S.D. 302, 92 N.W. 418.

As to making party defendant who will not join as plaintiff. Jerome v. Rust, 23 S.D. 409, 122 N.W. 344.

Guarantor could only be sued in separate action prior to enactment of provisions of this section. Northern State Bank v. Bellamy, 19 N.D. 509, 31 L.R.A. (N.S.) 149, 125 N.W. 888

As to similar provision in Cal. Code Civ. Proc., § 383, see Thomas v. Anderson, 58 Cal. 99.

§ 7408. Action does not abate. No action shall abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survives or continues. In case of the death or other disabilities of a party, the court on motion at any time within one year there after, or afterwards on a supplemental complaint, may allow the action to be continued by or against his representatives or successors in interest. In case of any other transfer of interest the action. After a verdict is rendered in any action for a wrong, such action shall not abate by the death of any party, but the case shall proceed thereafter in the same manner as in cases where the cause of action now survives by law. At any time after the death or other disabilities of the party plaintiff the court in which an action is pending upon notice to such persons as it may direct and upon application of any person aggrieved may, in its discretion, order that the action be deemed abated, unless the same is continued by the proper parties within a time to be fixed by