§ 16-61-107 — Insanity during pendency of action - Guardian joined

Where a party is judicially found to be of unsound mind during the pendency of an action, the fact being stated on the record: (1) If he or she is the plaintiff, his or her guardian may be joined with him or her in the action as such; (2) If he or she is the defendant, the plaintiff may, upon ten (10) days' notice thereof to his or her guardian, have an order making the guardian a defendant also. Civil Code, § 55; C. & M. Dig., § 1120; Pope's Dig., § 1336; A.S.A. 1947, § 27-832.