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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... "
First[-Fourth] Report of the Commissioners on Practice and Pleadings ... - Page 128
by New York (State). Commissioners on Practice and Pleadings - 1848
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General Acts Passed by the Legislature of Wisconsin

Wisconsin - Session laws - 1861 - 390 pages
...to actions party to the action or by the answer, properly verified, of any party to the action, that a complete determination of the controversy cannot be had without the presence of other parties, or that any person, not a party to the action, is interested in the subject rnat.ter of the controversy,...
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Session Laws

North Dakota - Session laws - 1862 - 640 pages
...when it can be done without prejudice to the rights of others, or by saving their rights ; but when a determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in. SECT. 38. When, in an action for the recovery of real or. m*™ persons...
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Practice and Pleading in Actions in the Courts of Record in the ..., Volume 2

Henry Whittaker - Civil procedure - 1863 - 1154 pages
...32 Barb", 277. This rule is, however, subject to this modification, ie, that where it appears that a complete determination of the controversy cannot...had without the presence of other parties, the court has the power, and it is its duty, under section 122, to order them to be brought in, even although...
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The Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - Civil procedure - 1864 - 320 pages
...it, when it c«n be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot...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 property,...
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Laws of the Territory of Idaho

Idaho (Ter.) - Law - 1864 - 762 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...had without the presence of other parties, the court shall order them to be brought in. TITLE II. PLACE OF TRIAL OF CIVIL ACTIONS. SEC. IS. Where subject...
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Laws of the Territory of Idaho

Idaho - Law - 1864 - 734 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...had without the presence of other parties, the court shall order them to be brought in. TITLE II. PLACE OF TRIAL OF CIVIL ACTIONS. SEC. 18. Where subject...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - Law - 1866 - 792 pages
...parties, 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...without the presence of other parties," the court shall order them to be brought in. In all suits now pending in any court of record, or which may hereafter...
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The Code of Procedure of the State of New York, as Amended to 1867: With the ...

John Townshend - Court rules - 1867 - 298 pages
...(Am'd 1849, 1851.) Court may determine controversy, &c. Interpleader. or by saving their rights ; but when a complete determination of the controversy cannot...had without the presence of other parties, the court mast cause them to be brought in. And when, in an action for the recovery of real or personal property,...
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The Code of Procedure of the State of New York, as Amended to 1866, with ...

New York (State) - 1867 - 1086 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...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 property,...
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The Code of Procedure of the State of New York, Unabridged: Including All ...

New York (State), Nathan Howard (Jr.) - Civil procedure - 1867 - 966 pages
...manner makes section 64 apply to the marine court. Section 121 of the Code, in terms, provides that, when a complete determination of the controversy cannot be had without the presence of other punies, the court mutt cause them to be brought in. It Beems to me that in this the marine court have...
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