 | 1867 - 588 σελίδες
...The defendant who has not appeared or Goodyear v. Brooks. served, is not before the court. * * * * A complete determination of the controversy cannot be had without the presence of the third defendant ; service of summons upon him, or his appearance in the action, is indispensable"... | |
 | North Carolina. Supreme Court - 1876 - 886 σελίδες
...CCP, sec. 343. This would entitle the plaintiff to his judgment here ; but then, it is apparent that " a complete determination of the controversy cannot be had without the presence of other par ties;"' for, if the plaintiff recover, the representative of the deceased payee of the note may... | |
 | New York (State) - 1869 - 1002 σελίδες
...determination oTteumicr* of the controversy cannot be had without tho presence of other par- {J^'yUJ" ties, the court must cause them to be brought in. And when, in an brought in. action for the recovery of real or personal property, a person not a party to the action,... | |
 | Wyoming - 1870 - 808 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...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... | |
 | Charles W. Langdon - 1870 - 858 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...had without the presence of other parties, the court shall order them to be brought in. Gen. Laws, 4956, 5464. SEC. 52. Parties in justices' courts may... | |
 | 1870 - 378 σελίδες
...substitution of a representative of said intestate in said action. § 122. (Being § 102 of 1848.) When a complete determination of the controversy cannot...had without the presence of other parties, the court may order them to be brought in by an amendment of the complaint, or by a supplemental complaint, and... | |
 | Utah (Ter.) - 1870 - 162 σελίδες
...be done without prejudice to the rights of others, or by saving their rights; but when controversy, a complete determination of the controversy cannot...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... | |
 | New York (State), John Townshend - 1870 - 896 σελίδες
...may direct ; and the court may, in its discretion, make the order. a. Sulid. 1. — By the phrase " when a complete determination of the controversy cannot be had without the presence of other parties," is meant that there are persons not parties, whose rights must be ascertained and settled before the... | |
 | 1870 - 288 σελίδες
...of others, or hy saving their rights, hut when a complete determination of the controversy caunot 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... | |
 | New York (State), William Wait - 1871 - 1034 σελίδες
...the complaint dismissed, no other relief can be granted, on appeal. Garvey v. Jarvis, 54 Barb. 179. " When a complete determination of the controversy cannot be had, without the presence of other parties," is, where there are persons, not parties, whose rights must be ascertained and settled, before the... | |
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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... 
