 | New Jersey. Court of Chancery - Law reports, digests, etc - 1871 - 652 pages
...party refuse to join as plaintiff, and then he is to be made defendant. Section 122, that the court may determine any controversy between the parties before...done without prejudice to the- rights of others, or saving their rights ; but when that cannot be done the court shall order them brought in. And section... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1888 - 666 pages
...(Mansf. Dig., sees, 4q45, 4946I , which provides that "the court may determine any controversy between parties before it when it can 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... | |
 | 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... | |
 | 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... | |
 | California. Supreme Court - Law reports, digests, etc - 1851 - 672 pages
...purpose of obviating some technical difficulty. Thus it is declared in section 17, that "the " court may determine any controversy between the parties "before...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... | |
 | Kentucky - Session laws - 1851 - 544 pages
...be a bar to proceedings against the others. § 67. The court may determine any controversy between parties before it, when it can be done without prejudice...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... | |
 | Kentucky - Law - 1851 - 548 pages
...be a bar to proceedings against the others. § 67. The court may determine any controversy between parties before it, when it can be done without prejudice...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... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...supplemental pleading. § 122. [102.] (Amended.) — Court may determine controversy, fyc. — The court may determine any controversy between the parties before...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... | |
 | Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...demurrer for defect of parties is well taken or not. If the court can determine the controversy before it without prejudice to the rights of others; or by saving their rights, then a demurrer for nonjoinder of such parties is not well taken. If on the contrary a complete determination... | |
 | New York (State) - Session laws - 1851 - 1408 pages
...controversy between %^loie_ the parties before if, when it can be done without 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 may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving then- rights, but when a complete determination of the controversy cannot be had without the presence of... 
