 | California. Supreme Court - Law reports, digests, etc - 1906 - 834 pages
...PARTIES. — If, ID a case in equity to dissolve a mining partnerslp, It appears on the trial that a complete determination of the controversy cannot be had without the presence of other partles, the Court may on its own motion, under section seventeen of the Practice Act, order them to... | |
 | 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...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 settlement... | |
 | Law reports, digests, etc - 1888 - 878 pages
...the court should find it impossible to completely determine the controversy between, these parties, without the presence of other parties, the court may order them to be brought in, notwithstanding the failure of the defendants to insist by demurrer upon their presence: Practice Act,... | |
 | Law reports, digests, etc - 1906 - 1270 pages
...objection is not taken by demurrer or answer, the court may on its. own motion in a proper case, where a complete determination of the controversy cannot be had without the presence of other parties, direct them to be brought in. Code Civ. Proc. § 452. "Construing sections 452 and 499 together, their... | |
 | 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 - 1889 - 1240 pages
...Section 2654, Rev. St. But even when so waived, yet, if it appears upon the trial or otherwise that "a complete determination of the controversy cannot be had without the presence of other parties," or that "any persons not parties to the action have such interests in the subject-matter of the controversy... | |
 | Law reports, digests, etc - 1890 - 1130 pages
...equity in this matter is wide, and section 58, c. 125, Code 1887, provides that, "whenever, in any case, a complete determination of the controversy cannot...without the presence of other parties, the court may cause them to be made parties to the action or suit by amendment. " The appellant assigns as error... | |
 | 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...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 seem to be... | |
 | 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...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... | |
 | 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...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 seem to be... | |
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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... 
