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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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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 8

John Duer, New York (State). Superior Court (New York) - Law reports, digests, etc - 1855
...disregarded by the court, and it was to meet such cases that the Code provided ( 122) that " where a complete determination of the controversy cannot...had without the presence of other parties, the court must cause them to be brought in." If, therefore, in his judgment, there could not be a complete determination...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 12

Nathan Howard, New York (State). Supreme Court - Civil procedure - 1856
...Still further ; this protection to the defendant is not what is meant by the case suggested, viz., "when a complete determination of the controversy cannot be had without the presence of other parlies." That case is, I think, where there are persons not parties whose rights must be ascertained...
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The Revised Code of the District of Columbia

District of Columbia - Law - 1857 - 699 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 cause them to be joined as proper parties. SEC. 18. When, in an action for the recovery of real...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - Civil procedure - 1858 - 302 pages
...this section is always necessary. Johiaan v. Williams, 2 Abbott, 229. 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. 1. A court of equity will not permit litigation by piece-meal. The...
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General Laws of the Territory of Kansas

Kansas - Session laws - 1859
...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. ivrson. interested SEC. 48. When, in an action for the recovery of...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - Civil procedure - 1860 - 368 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. matter and all the parties should be before it, and their respective...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour - Law reports, digests, etc - 1860
...defendant, the judgment debtor is a necessary party. Shaver v. Brainerd, 25 5. Whenever it appears that a complete determination of the controversy cannot be had without the presence of other parties, the code makes it the imperative duty of the court to cause the proper parties to be brought in. \b 6....
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 14

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1861
...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 joined as proper parties." We have seen that Lent was an indispensable party,...
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Wisconsin Session Laws: 1861, Volume 1861

Wisconsin - Session laws - 1861
...to actiom 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 matter of the controversy,...
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General Acts Passed by the Legislature of Wisconsin

Wisconsin - Session laws - 1861
...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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