 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1857 - 722 σελίδες
...first time on appeal. (McMahon v. MoMakon, 18 Alabama R. 576.) II. " When a complete determination cannot be had without the presence of other parties, the court must cause them to be brought in." (Code. § 122. Davis $• Palmer v. The Mayor fyc. of New York, 2 Duer, 663.) Story says: " It is the... | |
 | District of Columbia - 1857 - 788 σελίδες
...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 parties, the court shall cause them to be joined as proper parties. SEC. 18. When, in an action for the recovery of real... | |
 | California, Henry Jacob Labatt - 1858 - 586 σελίδες
...always necessary. Johiaan v. Williams, 2 Abbott, 229. or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court shall order them to be brought in. 1. A court of equity will not permit litigation by piece-meal. The... | |
 | Kansas - 1859 - 726 σελίδες
...when it can be 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. ivrson. interested SEC. 48. When, in an action for the recovery of real... | |
 | California - 1860 - 388 σελίδες
...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 parties, the court shall order them to be brought in. matter and all the parties should be before it, and their respective... | |
 | Oliver Lorenzo Barbour - 1860 - 716 σελίδες
...the other defendant, the judgment debtor is a necessary party. Whenever it appears that a complete determination of the controversy cannot be had without the presence of other parties, the code makes it the imperative duty of the court to cause the proper parties to be brought in. And this,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1861 - 700 σελίδες
...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...of other parties, the Court must cause them to be joined as proper parties." We have seen that Lent was an indispensable party, in whose absence a complete... | |
 | Wisconsin - 1861 - 390 σελίδες
...party to the action or by the answer, properly verified, of any party to the action, that a complete determination of the controversy cannot be had without the presence of other parties, or that any person, not a party to the action, is interested in the subject rnat.ter of the controversy,... | |
 | North Dakota - 1862 - 640 σελίδες
...when it can be 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. SECT. 38. When, in an action for the recovery of real or. m*™ persons... | |
 | New York (State) - 1863 - 1026 σελίδες
...others, or by saving their rights, but when ao complete determination of the controversy cannot be had K without the presence of other parties, the court must...them to be brought in. And when, in an action for the reco-' very of real or personal property, a person, not a party to the action, but having an interest... | |
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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... 
