Young v. Meyers, Jr., Exr.

The solution of the problem presented requires a construction of Section 11256, General Code. This section recites as follows:

“Parties who are united in interest must be joined, as plaintiffs or defendants. If the consent of one who should be joined as plaintiff can not be obtained, or, he is insane, and the consent of his guardian is not obtainable, or he has no guardian, and that fact is stated in the petition, he may be made a defendant. ’ ’

This section was originally Section 36 of the Code of Civil Procedure, adopted in 1853, 51 Ohio Laws, 62, and has remained upon the statute books of…