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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 New York Supplement

Law reports, digests, etc - 1906
...objection is not taken by demurrer or answer, the court may on its. own motion in a proper case, where a complete determination of the controversy cannot be had without the presence of other parties, direct them to be brought in. Code Civ. Proc. 452. "Construing sections 452 and 499 together, their...
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The New York Supplement

Law reports, digests, etc - 1895
...Code Civ. Proc. Dismissal of the complaint for nonservice of summons on a defendant is warranted only "when a complete determination of the controversy cannot be had" without the presence of such defendant. But counsel for the motion concedes that a release by the defendants served will bind...
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The Northwestern Reporter, Volume 40

Law reports, digests, etc - 1889
...Section 2654, Rev. St. But even when so waived, yet, if it appears upon the trial or otherwise that "a complete determination of the controversy cannot be had without the presence of other parties," or that "any persons not parties to the action have such interests in the subject-matter of the controversy...
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The Southeastern Reporter, Volume 11

Law reports, digests, etc - 1890
...equity in this matter is wide, and section 58, c. 125, Code 1887, provides that, "whenever, in any case, a complete determination of the controversy cannot...without the presence of other parties, the court may cause them to be made parties to the action or suit by amendment. " The appellant assigns as error...
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The New York State Reporter, Volume 31

Law reports, digests, etc - 1890
...any defect which may be found in the action in this respect. It has been there declared 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. But as no vested rights have been acquired there would seem to be...
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Parson's Complete Annotated Pocket Code: The New York Code of Civil ...

New York (State) - Civil procedure - 1890
...where it can do so without prejudice to tho 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...
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Compilation of Reports, Acts, Decisions and Contracts: Relating to ...

1891 - 129 pages
...any defect which may be found in the action in this respect. It has been there declared 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. But as no vested rights have been acquired there would seem to be...
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The American State Reports: Containing the Cases of General Value ..., Volume 23

Abraham Clark Freeman - Law reports, digests, etc - 1892
...be made and allowed, the same as in other cases. The practice act provides, among other things, that when a complete determination of the controversy cannot...parties, the court may order them to be brought in: R. 8. 1879, sees. 3566, 3567. These provisions of the code have always been liberally construed, and...
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The American and English Encyclopedia of Law, Volume 17

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - Law - 1892
...before it, when it can be done without prejudice to the right 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." Arizona, Rev. Stat. 1887, 727; Arkansas, Dig. of Stat. 1884,...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 111

North Carolina. Supreme Court - Law reports, digests, etc - 1892
...possession of, or claiming estates in the lands, shall be parties;" and by section 189 it is enacted that " when a complete determination of the controversy cannot...had without the presence of other parties, the Court must cause them to be brought in." When the widow and heirs at law or devisees are brought in, a complete...
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