 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...  Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Page 229by 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 - 1861Full view - About this book
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1871 - 652 pages
...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... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...it as well. We have had no hesitation in providing therefore, as we have done by section 102, that when a complete determination of the controversy cannot be had without the presence of parties not at first brought before the court, the court may direct them to be made parties. Having... | |
 | New York (State). - Civil procedure - 1850 - 920 pages
...substituted in the action. Amended Code,§ 121. § 613. The court may determine any controversy between parties before it, when it can be done without prejudice...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,... | |
 | Law - 1851 - 520 pages
...is made to be substituted in the action. " S. 122. The court may determine any controversy between parties before it when it can be done without prejudice...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... | |
 | New York (State). - Civil procedure - 1851 - 266 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...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, a person, not a party... | |
 | New York (State) - Session laws - 1851 - 1408 pages
...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...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, a person, not a party... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 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... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...parties ^™^J^J before it, when it can be done without prejudice to the rights of controversy, etc. others, or by saving their rights ; but when a complete...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... | |
 | Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...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...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 suits every person... | |
 | New York (State) - Civil procedure - 1855 - 802 pages
...т. Надап, 1 Duer, 664. §122. [102.] (Amended 1849-1851.) Court may determine cantrwersy, &c. rights of others, or by saving their rights ; but...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, a person not a party... | |
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