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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 Practice at Law: In Equity, and in Special Proceedings, in All ..., Volume 1

William Wait - Civil procedure - 1872
...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 - 1063 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
...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 - 1861 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 tī 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 - 844 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 - 844 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
...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
...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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Albany Law Journal, Volume 16

Law - 1877
...the reason be stated in the complaint. In section 123 t is further provided, that " when acomplote determination of the controversy cannot be had' without the presence of other parties, the court must cause them to be brought iu " * * ; while by section 144 advantage can be taken by demurrer by...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 76

North Carolina. Supreme Court - Law reports, digests, etc - 1877
...rights of others, or by saving their rights; but when, a COLOBOVE B. KOONCE. complete determiuation of the controversy cannot be had without the presence of other parties, the Court must causethem to be brought in. And when in an action for the recovery of real or personal property,...
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