 The court may determine any controversy between the 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...  Wisconsin Session Laws - Page 55by Wisconsin - 1861Full view - About this book
 | 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,... | |
 | California - 1885 - 756 pages
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 | John Proffatt, Abraham Clark Freeman - Law reports, digests, etc - 1885 - 858 pages
...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 parties, the court must cause them to be brought in." Section 173 relates to amendments, and is in very comprehensive... | |
 | Law reports, digests, etc - 1917 - 1116 pages
...it, when it can be Jone without prejudice to the rights of others nr by saving their rights; but when a complete determination of the controversy cannot be 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 recovery of... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1885 - 772 pages
...the contrary, we must hold, for the reasons already stated, that, within the meaning of that section, "a complete determination of the controversy cannot be had without the presence of" the wife. In the language of another clause of the section, she has " such interests in the subject... | |
 | Law reports, digests, etc - 1903 - 1174 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 oí other parties, the court must direct thorn to be brought in." The apparent inconsistency between... | |
 | 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... | |
 | 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 be 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... | |
 | California. Supreme Court - Law reports, digests, etc - 1906 - 834 pages
...OTHER 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 - 1910 - 1320 pages
...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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