 | Austin Abbott - Code pleading - 1895 - 760 pages
...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 cause them to be brought in." The decisions of our courts have been quite uniform that the section... | |
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1896 - 746 pages
...452 of the Code of Civil Procedure, providing that, where a complete determination of a controversy cannot be had without the presence of other parties,...be brought in, applies only to equitable actions. The provision of section 723 of the Code of Civil Procedure, authorizing the court, in furtherance... | |
 | Civil procedure - 1896 - 1242 pages
...rights of others, or by saving their rights; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in. And where a person, not a party to the action, has an interest in the subject thereof, or in real property,... | |
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1916 - 1154 pages
...rights of others, or by saving their rights; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in." This provision, governing the proceedings as between private litigants, is controlling as between the... | |
 | Utah - Law - 1897 - 1262 pages
...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 then order them to be brought in. And when, in an action for the recovery of real or personal property,... | |
 | California - Session laws - 1897 - 812 pages
...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 then order them to be brought in, and to that end may order amended and supplemental pleadings, or... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1898 - 568 pages
...Stats., sec. 3039, which provides, among things, that "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," it is not a matter of discretion, but of judicial duty, and if the parties... | |
 | Law reports, digests, etc - 1898 - 926 pages
...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 cause them to be joined as proper parties," etc. It appears that under the requirements of § 626,... | |
 | Civil procedure - 1899 - 1208 pages
...US App. 83; Burt v. Dennet, 2 Bro. С. С. 225. " 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." Davis v. New York, 14 NY 527, quoting Code Pro. NY, § 122. And see Apperson... | |
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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... 
