Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/47

== CODE CIVIL PROCEDURE ==

Parties to §§ 7408-7412
the court. not less than six months nor exceeding one years from the granting of the order.

[R.C. 1905, § 6820; C. Civ. P. 1877, § 85; R.C. 1899, § 5234.]

A purchaser pendente lite has a right to intervene. Anheier v. Signor, 8 N.D. 99, 79 N.W. 983.

Court without jurisdiction on administrator cannot substitute another party to action. McCormick Co. v. Snedigar, 3 S.D. 625, 54 N.W. 814

Administrator may continue action commenced by former executor. Bunker v. Taylor, 18 S.D. 433, 83 N.W. 555.

Replevin may be continued after death by personal representatives. O'Niell v. Murry, 6 D. 107, 50 N.W. 619.

Suit may be continued by real party in interest. Brettell v. Deffebach, 6 S.D. 21, 60 N.W. 167; Leighton v. Severson, 8 S.D. 350, 66 N.W. 938.

As to abatement of action against liqour dealer on his death. ''State ex rel. Kelly v. McMaster'', 13 N.D. 58, 99 N.W. 58.

On right of purchaser of subject matter of action pendents lite to prosecute appeal Sykes v. Beck, 12 N.D. 242, 96 N.W. 844.

Survival of infant's right to disaffirm contract. 43 L.R.A. (N.S.) 714.

Survival of cause of action on liqour dealer's bond after death of licensee 47 L.R.A. (N.S.) 183.

Does contractual obligation or provision in decree of divorce of separation for the support of a child survive the death of the obligor. 48 L.R.A. (N.S.) 429.

As to similar provision in Cal. Code Civ. Proc., § 669, see Fox v. Hale & N.S.M. Co. 108 Cal. 478, 41 Pac. 328; Estate of Page, 50 Cal. 40. Cal Code Civ. Proc., § 385, see Brooks v. Hager, 5 Cal. 281; Myers v. Mott, 29 Cal. 359, 89 Am. Dec. 49.

§ 7409. Successor may revive judgment. Where judgment has heretofore or shall hereafter be recovered for the possession of real property and the party recovering such judgment shall have died subsequent to the recovery thereof, his successor in interest in said real property, whether by grant, devise or inheritance, may revive said judgment and enforce the same by execution on motion within one year after said death, or afterwards on supplemental complaint.

[R.C. 1905, § 6821; C. Civ. P. 1877, § 86; R.C. 1899, § 5235.]

§ 7410. Nonresident intestate. When an intestate not being an inhabitant of the state, shall die out of the state, not leaving assets therein, and there is pending in the supreme court an appeal brought by such intestate from the judgment appealed from affirmed with costs, unless the attorney for the after notice to perfect such appeal by the substitution of a representative in said action.

[R.C. 1905, § 6822; C. Civ. P. 1877, § 87; R.C. 1899, § 5236.]

§ 7411. Death of one of several parties. In case of the death of one of two or more plaintiffs or one of two or more defendants, if part only of the cause of action or part of some of two or more distinct causes of action survives to or against the others, the action may proceed without bringing in the successor to the rights or liabilities of the deceased party; and the judgment will not affect him or his interest in the subject of the action; but when a person who claims to be the successor, to the brought in as a party upon his own application or upon the application of a party to the action.

[R.C. 1905, § 6823; C. Civ. P. 1877, § 88; R.C. 1895, § 5237.]

Action may continue although two of several defendants die pendants lite. Ward v. Du Pree, 16 S.D. 500, 94 N.W. 397.

'''§ 7412. Power of court. Interpleader.''' The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in.

[R.C. 1905, § 6824; C. Civ. P. 1877, § 89; R.C. 1899, § 5238.]

Power of court to bring in proper parties. Kyes v. Wilcox, 13 S.D. 228, 83 N.W. 93; Sykes v. Bank, 2 S.D. 242, 49 N.W. 1058; Dalrymple v. Trust Co., 9 N.D. 306, 83 N.W. 245; ''N.W. Tel. Co. v. Ry. Co., 9 N.D. 339, 83 N.W. 215; Bolton v. Donavan'', 9 N.D. 575, 84 N.W. 357.