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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... "
The Codes and Statutes of the State of California - Page 960
by California, Theodore Henry Hittell - 1876 - 1861 pages
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Annotated Ohio Code of Civil Procedure

Ohio, William Henry Whittaker - Civil procedure - 1887 - 688 pages
...for him. [51 v. 57, § 39 ; S. & Q 958.] ? 5013. When proper parties are not all before the court. The court may determine any controversy between parties...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...
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The Pacific Reporter, Volume 16

Law reports, digests, etc - 1888 - 1040 pages
...defendant, the reason thereof being staled in the complaint," (section 382, Code Civil Proc.;) and "the court may determine any controversy between parties...presence of other parties, the court must then order them t» be brought in," (section 389, Code Civil Proc.) The decree in this case declares Irvine to be a...
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Arkansas Reports: Cases Determined in the Supreme Court of the ..., Volume 97

Arkansas. Supreme Court - Law reports, digests, etc - 1911 - 700 pages
...of the question involved in the action;" and by section 6011 of Kirby's Digest, it is provided that "the court may determine any controversy between parties...rights of others or by saving their rights. But when a determination of the controversy between the parties before the court can not be made without the presence...
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Arkansas Reports: Cases Determined in the Supreme Court of the ..., Volume 104

Arkansas. Supreme Court - Law reports, digests, etc - 1913 - 694 pages
...of the question involved in the action;" and by section 6011 of Kirby's Digest it is provided that "the court may determine any controversy between parties...rights of others, or by saving their rights; but when a determination of the controversy between the parties before the court can not be made without the presence...
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The Revised Statutues of the State of Indiana: Constitutions. Codes. Wills

Indiana - Law - 1888 - 1024 pages
...Newcomb, 12 Ind. 439. 272. Making new parties. 24. The Court may determine any controversy between the so can not be had, without the presence of other parties, the Court must cause them to be joined as proper...
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Arkansas Reports: Cases Determined in the Supreme Court of the ..., Volume 78

Arkansas. Supreme Court - Law reports, digests, etc - 1907 - 662 pages
...the relief, or cause the necessary parties to be brought in. Kirby's Digest, § 6011, is as follows: "The court may determine any controversy between parties...the rights of others, or by saving their rights. But where a determination of the controversy between the parties before the court can not be made without...
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The Pacific Reporter, Volume 20

Law reports, digests, etc - 1889 - 908 pages
...defendant must be determined by the provisions of section 16 of the Code, which reads as follows: "Tin- court may determine any controversy between parties...had without the presence of other parties, the court shall order them to be brought in." The provision requiring oilier parties to be brought in, where...
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United States Reports: Cases Adjudged in the Supreme Court at ... and Rules ...

United States. Supreme Court - Law reports, digests, etc - 1892 - 760 pages
...Procedure, respecting parties to civil actions, " the court may determine any controversy between the parties before it, when it can be done without prejudice...without the presence of other parties, the court must cause them to be brought in." And by sec. 90: "Any person may, before the trial, intervene in any action...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions to ...

North Carolina, Walter Clark - Civil procedure - 1892 - 950 pages
...terms or at a regular term, according to the nature of the controversy, may determine any controversy before it, when it can be done without prejudice to...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, a...
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The Insurance Law Journal: Reports of All Decisions ..., Volume 1; Volume 21

Insurance law - 1892 - 1144 pages
...that "the court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving...without the presence of other parties, the court must direct them to be brought in:" Code Civ. Pro., § 452. While the statute does not in terms prohibit...
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