 | New Jersey. Court of Chancery - Law reports, digests, etc - 1871 - 652 pages
...then he is to be made defendant. Section 122, that the court may determine any controversy between the parties before it, when it can be done without prejudice to the- rights of others, or saving their rights ; but when that cannot be done the court shall order them brought in. And section... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1888 - 666 pages
...PARTIES: Construction of statute. , *By the statute (Mansf. Dig., sees, 4q45, 4946I , which provides that "the court may determine any controversy between parties...be done without prejudice to the rights of others," and that " where, in an action for the recovery of real or personal property, any person having an... | |
 | New York (State). - Civil procedure - 1850 - 920 pages
...the person to whom the transfer is made to be substituted in the action. Amended Code,§ 121. § 613. The court may determine any controversy between parties...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... | |
 | Law - 1851 - 520 pages
...court may allow the person to whom the transfer is made to be substituted in the action. " S. 122. The court may determine any controversy between parties...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... | |
 | California. Supreme Court - Law reports, digests, etc - 1851 - 672 pages
...difficulty. Thus it is declared in section 17, that "the " court may determine any controversy between the parties "before it, when it can be done without prejudice...of others, or by saving their rights ; but when a complete de" termination of the controversy cannot be had without the pre" sence of other parties,... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...(Amended.) — Court may determine controversy, fyc. — The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, er by saving their rights, but when a complete determination of the controversy cannot be had without... | |
 | Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...demurrer for defect of parties is well taken or not. If the court can determine the controversy before it without prejudice to the rights of others; or by saving their rights, then a demurrer for nonjoinder of such parties is not well taken. If on the contrary a complete determination... | |
 | New York (State) - Session laws - 1851 - 1408 pages
...controversy between %^loie_ the parties before if, when it can be done without prejudice to trovcmy, ot the rights of others, or by saving their rights, but when a com- (U^VEe" plete determination of the controversy cannot be had without the presence of other parties,... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...demurrer for defect of parlies is well taken. 74. If the court can determine the controversy before it, without prejudice to the rights of others, or by saving their rights, then a demurrer for nonjoinder of such parties is not well taken. If on the contrary a complete determination... | |
 | Jesse B. Hart - Civil procedure - 1853 - 334 pages
...successor in interest to defend in place of the original party.(i) AS TO MAKING NEW PARTIES BY THE COURT. The court may determine any controversy between parties...rights of others, or by saving their rights ; but in case a full and complete judgment of the court cannot be pronounced in the action without the presence... | |
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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... 
