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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 of the State of New York: As Amended by the ... - Σελίδα 13
των New York (State). - 1851 - 207 σελίδες
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General Laws, Resolutions, and Memorials of the Territory of Wyoming

Wyoming - 1870 - 808 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, and thereupon the party directed by the court shall serve a copy...

Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - 1870 - 858 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 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...

Acts, Resolutions and Memorials Passed at the Annual Sessions of the ...

Utah (Ter.) - 1870 - 162 σελίδες
...without prejudice to the rights of others, or by saving their rights; but when controversy, a complete determination of the controversy cannot be 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...

The Code of Procedure of the State of New York, 1870: With Art. VI of 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...

The Code of Procedure of the State of New York, as Amended to 1870: With ...

New York (State), John Townshend - 1870 - 896 σελίδες
...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...

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

New Jersey. Court of Chancery - 1871 - 670 σελίδες
...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 Procedure of the State of New York: As Amended to 1871, with ...

New York (State), William Wait - 1871 - 1034 σελίδες
...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...

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

California - 1872 - 774 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 must then order them to bo brought in. And wlien, 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
...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. —...




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