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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 Determined in the Courts of Appeal of the State ..., Volume 16

Law reports, digests, etc - 1912
...claiming, or seeking to enforce, a lien therefor. 3. Section 389, Code of Civil Procedure, provides that, "when a complete determination of the controversy...had without the presence of other parties, the court must then order them to be brought in, and to that end may order amended and supplemental pleadings,...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 10

Law reports, digests, etc - 1910
...former the court must order parties brought in and a cross-complaint may be filed for that purpose, "when a complete determination of the controversy cannot be had without the presence of (such) other parties." The controversy here was the obligation of the three defendants sued to pay...
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The Code of Civil Procedure and the Probate Code of the Territory ..., Volume 1

Guam, John A. Bohn - Civil procedure - 1970
...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 then order them to be brought in, and to that end may order amended and supplemental pleadings,...
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Report of Cases Argued and Determined in the Supreme Court of the ..., Volume 3

Idaho. Supreme Court - Law reports, digests, etc - 1903
...before it when it can be done without prejudice to the rights of others, or hv 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 be brought in, and thereupon the party, directed by the court, must cause to...
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The Northwestern Reporter, Volume 49

Law reports, digests, etc - 1891
...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 thorn to be brought in." The policy of the law is that " the Judgment in replevin should,...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 38

California. Supreme Court - Law reports, digests, etc - 1906
...the Court should find it impossible to completely determine ihe 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...
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New York Field Codes 1850-1865

New York (State). Commissioners of the Code, David Dudley Field - Law - 1998 - 3634 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 order them to be brought in. And when, in an action for the recovery of real or personal property,...
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