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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 Argued and Determined in the Court of Chancery ..., Τόμος 6

New Jersey. Court of Chancery - 1871 - 670 σελίδες
...defence set up was want Chew r. 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...

The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - 1872 - 774 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 then order them to bo brought in. And wlien, in an action for the recovery of real or personal property,...

The Code of Civil Procedure: Of the State of California, Μέρος 3

California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 σελίδες
...done troreny or » othordpar- without prejudice to the rights of others, or by saving brought "in. their rights; but when a complete determination of...without the presence of other parties, the Court must then order them to be brought in. And when, in an action for the recovery of real or personal property,...

The Practice at Law: In Equity, and in Special Proceedings, in All ..., Τόμος 1

William Wait - 1872 - 950 σελίδες
...rights, then a demurrer for non-joinder of such parties is not well taken. But if, on the Other hand, a complete determination of the controversy cannot be had without the presence of other parties, then the demurrer is well taken. Wallace v. Eaton, 5 How. 99; SC, 3 Code K. 161. See Janes v. Fetch,...

The Code of Civil Procedure of the State of California, Τόμος 1

California - 1872 - 892 σελίδες
...BRING IN OTHER PARTIES. — Where it turns out upon the trial that a complete determination of thy controversy cannot be had without the presence of other parties, the Court should, of its own motion, order them to be brought in before a final disposition of the case. —...

The Code of Civil Procedure of the State of California, Τόμος 1

California - 1874 - 870 σελίδες
...McKee, 5 Cal., p. 510. 4. ORDER TO BRING IJT OTHER PARTIES. — Where it turns out upon the trial Unit a complete determination of the controversy cannot...had without the presence of other parties, the Court should, of its own motion, order them to be brought in before a final disposition of the case.— Setterabre...

The Practice at Law: In Equity, and in Special Proceedings, in All ..., Τόμος 3

William Wait - 1874 - 910 σελίδες
...imperative duty of the court to cause the proper parties to be brought in whenever it appears that a complete determination of the controversy cannot be had without the presence of such other parties. Shaver VOL. III. — 20 Proceedings where defect of parties — Of plaintiffs —...

The Code of Civil Procedure of the State of Ohio: With the Subsequent ...

Ohio, George E. Seney - 1874 - 896 σελίδες
...See notes to section 35. SEC. 41. IN ACTION TO RECOVER REAL OR PERSONAL PROPERTY WHO MAY BE PARTIES. When, in an action for the recovery of real or personal property, any person having an interest in the property applies to be made a party, the court may order it to...

Code of Procedure of the State of New York: With Art. VI of the Constitution ...

New York (State) - 1875 - 498 σελίδες
...of others, or hy saving their rights, hut when a complete determination of the controversy cannot he had without the presence of other parties, the court must cause them to he hrought in. And when, in an action for the recovery of real or personal property, a person, not...

Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - 1876 - 908 σελίδες
...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...parties, the court must cause them to be brought in. " (2) [And] When in an action for the recovery of real or personal property, a person not a party to...




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