 | John Proffatt, Abraham Clark Freeman - Law reports, digests, etc - 1885 - 858 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." Section 173 relates to amendments, and is in very comprehensive... | |
 | Nevada - Law - 1885 - 1332 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... | |
 | Charles Theodore Boone - Code pleading - 1885 - 598 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,... | |
 | Law reports, digests, etc - 1886 - 988 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 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... | |
 | Ohio, William Henry Whittaker - Civil procedure - 1887 - 688 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... | |
 | Civil procedure - 1887 - 814 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... | |
 | Law reports, digests, etc - 1910 - 1320 pages
...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... | |
 | California. Supreme Court - Law reports, digests, etc - 1906 - 834 pages
...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... | |
 | Law reports, digests, etc - 1890 - 1110 pages
...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... | |
 | Law reports, digests, etc - 1888 - 878 pages
...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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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... 
