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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... "
First[-Fourth] Report of the Commissioners on Practice and Pleadings ... - Page 128
by New York (State). Commissioners on Practice and Pleadings - 1848
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 21

New Jersey. Court of Chancery - Law reports, digests, etc - 1871
...defence set up was want Chow i'. 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...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - Law - 1848
...determination of the controversy particiuj" cannot be had without the presence of other parties, the be brought court may order them to be brought in, by an amendment...summons. TITLE IV. *OF THE PLACE OF TRIAL OF CIVIL ACTIONS. « SECTION 103. Certain actions to be tried where the subject arose or is situated. 104. Other...
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The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 791 pages
...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...had without the presence of other parties, the court must order them to be brought in. And when, in an action for the recovery of real or personal property,...
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The Law Magazine, Or, Quarterly Review of Jurisprudence

Law - 1851
...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...had without the presence of other parties, the court shall order them to be brought in." We consider these sections clearly drawn, and calculated to meet...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New York Bar - Civil procedure - 1851 - 394 pages
...their rights, then a demurrer for nonjoinder of such parties is not well taken. 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, and the court should order (hem to be brought in by amendments of...
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Laws of the State of New York

New York (State) - Session laws - 1851
...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, the court must cause them to be brought in. And when, in an action for the recovery of real or personal property,...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - Civil procedure - 1851 - 207 pages
...without prejudice <otrover«y,or lo order the rights of others, or by saving their rights, but when plete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in. And when, in an action for the recovery of real or personal property,...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 8

Nathan Howard, New York (State). Supreme Court - Civil procedure - 1853
...pretends to deny but that the plaintiff's wife possesses an inchoate right of dower in said premises. When a complete determination of the controversy cannot...had without the presence of other parties, the court must cause them to be brought in. (Code, § 122.) It is laid down as a general principle, that in equity...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, F. A. Snyder, S. Garfielde - Law - 1853 - 1071 pages
...be done without prejudice to the rights of controversy, etc. others, or by saving their rights ; but when a complete determination of the controversy cannot...had without the presence of other parties, the court shall order them to be brought in. TITLE II. OF THE PLACE OF TRIAL OE CIVIL ACTIONS. SECTION 18. Actions...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - Civil procedure - 1855 - 798 pages
...(Amended 1849-1851.) Court may determine cantrwersy, &c. rights of others, or by saving their rights ; but when a complete determination of the controversy cannot...had without the presence of other parties, the court must cause them to be brought in. And when, in an action for the recovery of real or personal property,...
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