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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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The Northeastern Reporter, Τόμος 26

1891 - 1148 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. " The decisions of our courts have been quitenniform that thesection above quoted referred to parties...

The American Decisions: Containing All the Cases of General Value ..., Τόμος 67

John Proffatt, Abraham Clark Freeman - 1885 - 858 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." Section 173 relates to amendments, and is in very comprehensive terms. The court may add or strike...

The Northeastern Reporter, Τόμος 75

1906 - 1164 σελίδες
...between the parties before It when it can be done without prejudice to the rights of the others, or by saving their rights; but when a complete determination...presence of other parties the court must cause them to be joined as proper parties. And when In an action for the recovery of real or personal property a person...

The General Statutes of the State of Nevada: In Force, from 1861 to 1885 ...

Nevada - 1885 - 1332 σελίδες
...versy 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, and thereupon the party directed by the court shall serve a copy...

Pleading Under the Codes: Adapted to Use in the Several States and ...

Charles Theodore Boone - 1885 - 598 σελίδες
...by saving their rights, then a demurrer for non-joinder is not well taken ; 18 if, on the contrary, a complete determination of the controversy cannot be had without the presence of other parties, then the demurrer is well taken.19 1 Cal. Code Civ. Proc. § 430, subd. 4 ; NY Code Civ. Proc. § 488,...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμοι 61-62

Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1916 - 756 σελίδες
...when it can he done without prejudice to the rights of others, or by saving their rights ; but when a determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in." The Supreme Court of Kansas, In Martin v. Martin, 44 Kan. 295, 24 Pac....

Reports of Cases Determined in the Courts of Appeal of the State ..., Τόμος 69

1926 - 962 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 brought in, and to that end may order amended and supplemental pleadings or a...

Reports of Cases Determined in the Courts of Appeal of the State ..., Τόμος 16

1912 - 980 σελίδες
...claiming, or seeking to enforce, a lien therefor. 3. Section 389, Code of Civil Procedure, provides that, "when a complete determination of the controversy...without the presence of other parties, the court must then order them to be brought in, and to that end may order amended and supplemental pleadings, or...

Reports of Cases Determined in the Courts of Appeal of the State ..., Τόμος 10

1910 - 838 σελίδες
...former the court must order parties brought in and a cross-complaint may be filed for that purpose, "when a complete determination of the controversy cannot be had without the presence of (such) other parties." The controversy here was the obligation of the three defendants sued to pay...

Reports of Cases Determined in the Courts of Appeal of the State ..., Τόμος 66

1925 - 948 σελίδες
...order constitutes no bar, and if, at any time prior to judgment, it is made to appear to the court that a complete determination of the controversy cannot be had without the presence of such party, we can conceive of no good reason why the court may not make such orders as will have the...




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