 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
 | Law reports, digests, etc - 1915 - 1282 pages
...which was not the fact. Hence the subject need not be considered. [3-5] 3. Appellant's third point is that a complete determination • of the controversy...cannot be had without the presence of other parties, its claim being that the respondent was a tenant in common of the one-acre parcel and that the other... | |
 | 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 be 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... | |
 | Law reports, digests, etc - 1895 - 1224 pages
...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... | |
 | Law reports, digests, etc - 1907 - 1220 pages
...PABTIES — SUPPLEMENTAL SUMMONS AND COMPLAINT. Under Code Civ. Proc. § 402, providing that, where complete determination of the controversy cannot be had without the presence of the other parties, the court must direct them to he brought in, and section 72.'5. providing that the... | |
 | 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 - 1889 - 768 pages
...waived the same. Sec. 2654, RS But even when so waived, yet, if it appears upon the trial or otherwise that " a complete determination of the controversy...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 as require... | |
 | Law reports, digests, etc - 1889 - 1240 pages
...same. 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...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 as require... | |
 | New York (State) - Civil procedure - 1890 - 1656 pages
...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 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... | |
 | 1891 - 182 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 be 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... | |
 | United States. Supreme Court - Law reports, digests, etc - 1892 - 760 pages
...respect to that of Argument for Appellant. Dakota, and in that State it is held that whenever it appears that a complete determination of the controversy cannot be had without the presence of other parties, the code makes it the imperative duty of the court to cause the proper parties to be brought in. Shaver... | |
 | North Carolina, Walter Clark - Civil procedure - 1892 - 950 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. And when in an action for the recovery of real or personal... | |
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