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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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North Carolina Reports: Cases Argued and Determined in the ..., Volume 74

North Carolina. Supreme Court - Law reports, digests, etc - 1876
...CCP, sec. 343. This would entitle the plaintiff to his judgment here ; but then, it is apparent that " a complete determination of the controversy cannot be had without the presence of other par ties;"' for, if the plaintiff recover, the representative of the deceased payee of the note may...
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The Code of Procedure of the State of New York: From 1848 to 1871 ...

Civil procedure - 1870 - 361 pages
...substitution of a representative of said intestate in said action. 122. (Being 102 of 1848.) When a complete determination of the controversy cannot...or by a supplemental complaint, and a new summons. (Am'd in 1849 and 1851.) 122. (As am'd in 1849.) The court may determine any controversy between...
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Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - Constables - 1870 - 850 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...had without the presence of other parties, the court shall order them to be brought in. Gen. Laws, 4956, 5464. SEC. 52. Parties in justices' courts may...
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General Laws, Resolutions, and Memorials of the Territory of Wyoming

Wyoming - Session laws - 1870
...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, and thereupon the party directed by the court shall serve a copy...
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Acts, Resolutions and Memorials Passed at the Annual Sessions of the ...

Utah (Ter.) - Law - 1870
...be done without prejudice to the rights of others, or by saving their rights; but when controversy, a complete determination of the controversy cannot...had without the presence of other parties, the Court shall order them to be brought in, and thereupon the party directed by the Court shall serve a copy...
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The Code of Procedure of the State of New York, as Amended to 1870: With ...

New York (State), John Townshend - Civil procedure - 1870 - 861 pages
...may direct ; and the court may, in its discretion, make the order. a. Sulid. 1. — By the phrase " when a complete determination of the controversy cannot be had without the presence of other parties," is meant that there are persons not parties, whose rights must be ascertained and settled before the...
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The Code of Procedure of the State of New York, as Amended to 1871: With ...

New York (State), William Wait - Civil procedure - 1871 - 975 pages
...the complaint dismissed, no other relief can be granted, on appeal. Garvey v. Jarvis, 54 Barb. 179. " When a complete determination of the controversy cannot be had, without the presence of other parties," is, where there are persons, not parties, whose rights must be ascertained and settled, before the...
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Reports of Cases Argued and Determined in the Court of Chancery ..., Volume 6

New Jersey. Court of Chancery - Equity - 1871
...defence set up was want Chew r. Brumagim. of consideration. Judge Marvin in his opinion says, that when a complete determination of the controversy cannot be had without the presence of other parties, they must be brought in, and that the judgment rendered in the court below, would not determine the...
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - Civil procedure - 1872 - 750 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

California, Creed Haymond - Civil procedure - 1872 - 768 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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