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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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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - Civil procedure - 1872 - 774 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 then order them to bo brought in. And wlien, in an action for the recovery of real or personal...
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The Code of Civil Procedure: Of the State of California, Part 3

California, Creed Haymond, John Chilton Burch, John Hill McKune - Civil procedure - 1872 - 886 pages
...» othordpar- without prejudice to the rights of others, or by saving brought "in. their rights; but when a complete determination of the controversy cannot...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...
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The Practice at Law: In Equity, and in Special Proceedings, in All ..., Volume 1

William Wait - Civil procedure - 1872 - 950 pages
...rights, then a demurrer for non-joinder of such parties is not well taken. But if, on the Other hand, a complete determination of the controversy cannot be had without the presence of other parties, then the demurrer is well taken. Wallace v. Eaton, 5 How. 99; SC, 3 Code K. 161. See Janes v. Fetch,...
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The Revised Statutes of the State of South Carolina: Prepared by ...

South Carolina - Law - 1873 - 1164 pages
...it can be done without prejudice to the rights *nen not to 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 Civil Procedure of the State of California, Volume 1

California - Civil procedure - 1874 - 870 pages
...McKee, 5 Cal., p. 510. 4. ORDER TO BRING IJT OTHER PARTIES. — Where it turns out upon the trial Unit a complete determination of the controversy cannot...had without the presence of other parties, the Court should, of its own motion, order them to be brought in before a final disposition of the case.— Setterabre...
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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - Law - 1876 - 986 pages
...before it, when it can be done without prejudice to the rights of others, or by saving their rights; but must then order them to be (a) The original section, instead of "death or any tï is to the action...
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - Actions and defenses - 1876 - 908 pages
...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...had without the presence of other parties, the court must cause them to be brought in. " (2) [And] When in an action for the recovery of real or personal...
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - Actions and defenses - 1876 - 924 pages
...in. The force and effect of the whole provision depend upon the interpretation given to the clause, " when a complete determination of the controversy cannot be had without the presence of other parties." To use the language of an eminent judge which has been repeatedly approved by other courts in different...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - Session laws - 1877 - 520 pages
...it, when it can lie 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. Power , of par ' SEC. 27. When, in a civil action, a person not...
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New Cases Selected Chiefly from Decisions of the Courts of the ..., Volume 1

Austin Abbott - Civil procedure - 1877 - 600 pages
...Sections 118 and 122 of the Code are still in force. As, to use the exact language of the latter section, "a complete determination of the controversy cannot...had without the presence of other parties, the court must cause them to be brought in" (Code, section 122 ; People r. Law, 34 Barb. 494-509 ; SC, 22 How....
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