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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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Albany Law Journal, Volume 16

Law - 1877 - 510 pages
...stated iu the complaint. In section 122 it is further provided, that " when a complete determlnation of the controversy cannot be had without the .presence of other parties, the court must cause them to be brought in " * *; while by section 144 advantage can be taken by demurrer by...
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Acts of the State of Ohio, Volume 75

Ohio - Session laws - 1878 - 1364 pages
...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...parties, the court may order them to be brought in, or dismiss the action without prejudice. [Civil Code, § 40, S. & C. 958.] SEC. 22. In an action for...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions

North Carolina, Albion W. Tourgée - Civil procedure - 1878 - 484 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 cause them to be brought in. Where A. purchased land for B , taking title to himself and afterward...
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The Code of Civil Procedure of the State of New York: Being Chapter 448 of ...

1878 - 462 pages
...where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, St PARTIES SEVERALLY LIABLE. [CHAP. v. i1 1 T rv ** ties to be *^e cour'1 must direct them to be brought...
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A Treatise on Pleading and Practice Under the Indiana Code of Procedure ...

Asa Iglehart - Civil procedure - 1879 - 1048 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 joined as proper parties. And when, in an action for the possession of personal...
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The Code of Procedure of the State of South Carolina, Originally Adopted ...

South Carolina, Robert A. Lynch - Law - 1880 - 256 pages
...be done without prejudice to the controvsrsy.ftc. 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. 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: Adopted March 11th ...

California - Civil procedure - 1880 - 864 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 then order them to be brought in. And when, in an action for the recovery of real or personal...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 pages
...where it can do so without prejudice to the 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 in...
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The Compiled Statutes of the State of Nebraska: Comprising All Laws of a ...

Nebraska, Guy Ashton Brown - Law - 1881 - 842 pages
...when it can be done without prejudice to the rights of others, or by saving their rights ; biit when a determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in. SEC. 47. [Same— Parties having interest in property.]— When,...
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Reports of Select Cases Decided in the Courts of New York: Not Heretofore ...

John Worth Edmonds - Law reports, digests, etc - 1883 - 500 pages
...section 119 all who are united in interest must be joined as plaintiffs or defendants, and by section 122 when a complete determination of the controversy cannot...had without the presence of other parties, the court shall order them to be brought in. Fraser v. Greenhill. machinery, the more simple, expeditious, and...
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