| California, Theodore Henry Hittell - 1876 - 986 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 be (a) The original section, instead of "death or any tï is to the action or proceeding,"... | |
| California - 1876 - 888 σελίδες
...determination of the controversy cannot be had 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, aperson not a party to the action, but having an interest in the subject thereof, makes application... | |
| John Norton Pomeroy - 1876 - 924 σελίδες
...in. The force and effect of the whole provision depend upon the interpretation given to the clause, " when a complete determination of the controversy cannot be had without the presence of other parties." To use the language of an eminent judge which has been repeatedly approved by other courts in different... | |
| New York (State). - 1876 - 498 σελίδες
...by saving their rights, bnt when a complete determInation of the controversy caunot be had withont the presence of other parties, the court must cause them to be brought in. And wheu, in an action for the recovery of real or personal property, a person, not a party to the action... | |
| New York (State) - 1876 - 398 σελίδες
...rights of declde'eonothers, or by saving their rights; but where a complete determination trovei-sy, of the controversy cannot be had without the presence of other parties, otheVpa" PARTIES SEVERALLY LIABLE. [CHAP. v. summons. TITLE '2 ties to be ^ne cour^' must direct them... | |
| Austin Abbott - 1877 - 600 σελίδες
...Sections 118 and 122 of the Code are still in force. As, to use the exact language of the latter section, "a complete determination of the controversy cannot...parties, the court must cause them to be brought in" (Code, section 122 ; People r. Law, 34 Barb. 494-509 ; SC, 22 How. Pr. 109 ; Allen and others •r.... | |
| Montana - 1877 - 520 σελίδες
...controversy between parties before it, when it can lie 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. Power , of par ' SEC. 27. When, in a civil action, a person not... | |
| 1877 - 510 σελίδες
...stated iu the complaint. In section 122 it is further provided, that " when a complete determlnation of the controversy cannot be had without the .presence...parties, the court must cause them to be brought in " * *; while by section 144 advantage can be taken by demurrer by the defendant of the fact, that there... | |
| 1877 - 510 σελίδες
...the reason be stated in the complaint. In section 123 t is further provided, that " when acomplote determination of the controversy cannot be had' without...other parties, the court must cause them to be brought iu " * * ; while by section 144 advantage can be taken by demurrer by the defendant of the fact, that... | |
| North Carolina. Supreme Court - 1877 - 568 σελίδες
...rights of others, or by saving their rights; but when, a COLOBOVE B. KOONCE. complete determiuation of the controversy cannot be had without the presence of other parties, the Court must causethem to be brought in. And when in an action for the recovery of real or personal property, a... | |
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