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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 American Decisions: Containing All the Cases of General Value and ...

John Proffatt, Abraham Clark Freeman - Law reports, digests, etc - 1885
...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." Section 173 relates to amendments, and is in very comprehensive...
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The General Statutes of the State of Nevada: In Force, from 1861 to 1885 ...

Nevada - Law - 1885 - 1310 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...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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Pleading Under the Codes: Adapted to Use in the Several States and ...

Charles Theodore Boone - Code pleading - 1885 - 581 pages
...by saving their rights, then a demurrer for non-joinder is not well taken ; 18 if, on the contrary, a complete determination of the controversy cannot be had without the presence of other parties, then the demurrer is well taken.19 1 Cal. Code Civ. Proc. 430, subd. 4 ; NY Code Civ. Proc. 488,...
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The Pacific Reporter, Volume 9

Law reports, digests, etc - 1886
...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." The rule thus embodied in these provisions of the Code is called...
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Annotated Ohio Code of Civil Procedure

Ohio, William Henry Whittaker - Civil procedure - 1887 - 635 pages
...the rights of others, or by saving their rights; but when a determination of the controversy can not be had without the presence of other parties, the court may order them to be brought in, or dismiss the action without prejudice. [51 v. 57, 40 ; S. & C. 958 ] The last clause of this section...
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The New York Code of Civil Procedure: As Amended To, and Including 1887 ...

Civil procedure - 1887 - 645 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 Southwestern Reporter, Volume 124

Law reports, digests, etc - 1910
...Joy, 85 Mo. App. 634. And by section 658, Rev. St. 1899 (Ann. St 1906, p. 677), it Is provided that "when a complete determination of the controversy...cannot be had without the presence of other parties," as made manifest by a demurrer or answer, "the court may order them to be brought In by an amendment...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 30

California. Supreme Court - Law reports, digests, etc - 1906
...PARTIES. — If, ID a case in equity to dissolve a mining partnerslp, It appears on the trial that a complete determination of the controversy cannot be had without the presence of other partles, the Court may on its own motion, under section seventeen of the Practice Act, order them to...
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2 years transportation progress, Volume 7

Law reports, digests, etc - 1890
...defendant; and the question must be determined by section 452 of the Code, which provides that "where a complete determination of the controversy cannot...had without the presence of other parties, the court must direct them to be brought in." The controversy to be determined in this action is the settlement...
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The American Decisions: Containing All the Cases of General Value ..., Volume 99

Law reports, digests, etc - 1888
...the court should find it impossible to completely determine the 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 Act,...
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