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" The court may determine any controversy between 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... "
The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ... - Σελίδα 82
των New York (State), Member of the New York Bar - 1851 - 394 σελίδες
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Reports of Cases Decided in the Court of Chancery of the State of ..., Τόμος 21

New Jersey. Court of Chancery - 1871
...defence set up was want Chow i'. Brumagim. of consideration. Judge Marvin in his opinion says, that when a complete determination of the controversy cannot be had without the presence of other parties, they must be brought in, and that the judgment rendered in the court below, would not determine the...

First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848
...it as well. We have had no hesitation in providing therefore, as we have done by section 102, that when a complete determination of the controversy cannot be had without the presence of parties not at first brought before the court, the court may direct them to be made parties. Having...

The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - 1850 - 791 σελίδες
...controversy between 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...without the presence of other parties, the court must order them to be brought in. And when, in an action for the recovery of real or personal property,...

The Law Magazine, Or, Quarterly Review of Jurisprudence

1851
...controversy between 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...had without the presence of other parties, the court shall order them to be brought in." We consider these sections clearly drawn, and calculated to meet...

Practice Reports in the Supreme Court and Court of Appeals, Τόμος 5

Nathan Howard, New York (State). Supreme Court - 1851
...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 can not be had without the presence of other parties, the court should order them to be brought in....

Practice Reports in the Supreme Court and Court of Appeals, Τόμος 8

Nathan Howard, New York (State). Supreme Court - 1853
...pretends to deny but that the plaintiff's wife possesses an inchoate right of dower in said premises. When a complete determination of the controversy cannot...parties, the court must cause them to be brought in. (Code, § 122.) It is laid down as a general principle, that in equity suits every person who is at...

Compiled Laws of the State of California: Containing All the Acts of the ...

California, F. A. Snyder, S. Garfielde - 1853 - 1071 σελίδες
...^™^J^J before it, when it can be done without prejudice to the rights of controversy, etc. others, or by saving their rights ; but when a complete determination...had without the presence of other parties, the court shall order them to be brought in. TITLE II. OF THE PLACE OF TRIAL OE CIVIL ACTIONS. SECTION 18. Actions...

Reports of Cases Argued and Determined in the Superior Court of the ..., Τόμος 8

John Duer, New York (State). Superior Court (New York) - 1855
...disregarded by the court, and it was to meet such cases that the Code provided (§ 122) that " where a complete determination of the controversy cannot...parties, the court must cause them to be brought in." If, therefore, in his judgment, there could not be a complete determination of the present controversy,...

General Acts Passed by the Legislature of Wisconsin

Wisconsin - 1856
...controversy brought in. cannot be had without the presence of other parties, the court shall order them to be brought in ; and when in an action for...the recovery of real or personal property, a person, noif a p-'rty to the action, but having an interest in the subject thereof, makes application to the...

Practice Reports in the Supreme Court and Court of Appeals, Τόμος 12

Nathan Howard, New York (State). Supreme Court - 1856
...requiring him to pay all the cost to the present time, and opening the entire defence. It is urged that a complete determination of the controversy cannot be had without the presence of the executor of John Harrison. Why not? The judgment of this court will be entirely effectual to settle...




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