 | 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
...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...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
...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...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... | |
 | Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...controversy between the 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 can not be had without the presence of other parties, the court should order them to be brought in.... | |
 | 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...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 who is at... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...^™^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 determination...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... | |
 | John Duer, New York (State). Superior Court (New York) - Law reports, digests, etc - 1855 - 738 pages
...disregarded by the court, and it was to meet such cases that the Code provided (§ 122) that " where a complete determination of the controversy cannot...parties, the court must cause them to be brought in." If, therefore, in his judgment, there could not be a complete determination of the present controversy,... | |
 | Wisconsin - Session laws - 1856 - 334 pages
...controversy brought in. cannot be had without the presence of other parties, the court shall order them to be brought in ; and when in an action for...the recovery of real or personal property, a person, noif a p-'rty to the action, but having an interest in the subject thereof, makes application to the... | |
 | Nathan Howard (Jr.) - Civil procedure - 1856 - 626 pages
...requiring him to pay all the cost to the present time, and opening the entire defence. It is urged that a complete determination of the controversy cannot be had without the presence of the executor of John Harrison. Why not? The judgment of this court will be entirely effectual to settle... | |
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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... 
