 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...will do 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
...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 parties, the court must order them to be brought in. And when, in an action for the recovery of real or personal... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...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 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... | |
 | Law - 1851 - 520 pages
...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 parties, the court shall order them to be brought in." We consider these sections clearly drawn, and calculated... | |
 | 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 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... | |
 | 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 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... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 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 be 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... | |
 | 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 be 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,... | |
 | New York (State) - Civil procedure - 1855 - 802 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 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... | |
 | 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 be had without the presence of other parties, the court must cause them to be brought in." If, therefore, in his judgment, there could not be a complete... | |
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The court may determine any 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 cannot be had without the presence of... 
