 | Law reports, digests, etc - 1890 - 1110 pages
...defendant; and the question must be determined by section 452 of the Code, which provides that "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." The controversy to be determined in this action is the... | |
 | Law reports, digests, etc - 1895 - 1224 pages
...Code Civ. Proc. Dismissal of the complaint for nonservice of summons on a defendant is warranted only "when a complete determination of the controversy cannot be had" without the presence of such defendant. But counsel for the motion concedes that a release by the defendants served will bind... | |
 | Law reports, digests, etc - 1907 - 1220 pages
...PABTIES — SUPPLEMENTAL SUMMONS AND COMPLAINT. Under Code Civ. Proc. § 402, providing that, where complete determination of the controversy cannot be had without the presence of the other parties, the court must direct them to he brought in, and section 72.'5. providing that the... | |
 | New York (State) - Civil procedure - 1890 - 1656 pages
...where it can do so without prejudice to tho 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... | |
 | Law reports, digests, etc - 1890 - 1124 pages
...any defect which may be found in the action in this respect. It has been there declared that 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. But as no vested rights have been acquired there would... | |
 | 1891 - 182 pages
...any defect which may be found in the action in this respect. It has been there declared that 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. But as no vested rights have been acquired there would... | |
 | Law reports, digests, etc - 1891 - 1086 pages
...rights, then a demurrer for the non-joinder of such parties is not well taken. If, on the contrary, a complete determination of the controversy cannot be had without the presence of the other parties, the demurrer is well taken. " Л\'а11асе v. Eaton, 5 How. Pr. 99. The fact that... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1892 - 900 pages
...possession of, or claiming estates in the lands, shall be parties;" and by section 189 it is enacted that " 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." When the widow and heirs at law or devisees are brought... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1892 - 1020 pages
...may plead matters purely equitable, and secure equitable relief. Besides this, our statute provides that '"when a complete determination of the controversy...cannot be had without the presence of other parties, the court must order them brought in": Code Civ. Proc., sec. 339. A complete determination of this... | |
 | Oregon - Law - 1892 - 1154 pages
...parties thereto, 13 preserved bv this section: Buck v. Webb, 2 West Coast Rep. (Col. ). The s ^n tenco, " when a complete determination of the controversy cannot be had without the presence of other parties, " means when there are persons who arc not parties whoso rights must be settled before those of the... | |
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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... 
