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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... "
The Code of Civil Procedure of the State of California: As Adopted in 1872 ... - Page 90
by California - 1876 - 867 pages
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 49

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...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...actions, shall apply to these courts. § 9. Section 102 is amended, so as to read as follows: § 102. When a complete determination of the controversy cannot...had, without the presence of other parties, the court may order them to be brought in, by an amendment of the complaint, or by a supplemental •complaint^...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

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...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, Volume 14; Volume 45

Law - 1851 - 518 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...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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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851 - 548 pages
...more of several persons jointly bound, shall not be a bar to proceedings against the others. § 67. The court may determine any controversy between parties...rights of others, or by saving their rights. But when a determination of the controversy between the parties before the court, cannot be made without the presence...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - Session laws - 1851 - 544 pages
...more of several persons jointly bound, shall not be a bar to proceedings against the others. § 67. The court may determine any controversy between parties...rights of others, or by saving their rights. But when a determination of the controversy between the parties before the court, cannot be made without the presence...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...the complaint. And the 122d section provides that the court may determine any controversy between the parties before it ; when it can be done without prejudice...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....
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 1

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...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, the court...
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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 - 410 pages
...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...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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A Treatise on the Practice of the Courts of the State of California ...

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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