 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
 | Nathan Howard (Jr.) - Civil procedure - 1856 - 626 pages
...requiring him to pay all the cost to the present time, and opening the entire defence. It is urged that a complete determination of the controversy cannot be had without the presence of the executor of John Harrison. Why not? The judgment of this court will be entirely effectual to settle... | |
 | District of Columbia - Law - 1857 - 788 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 shall cause them to be joined as proper parties. SEC. 18. When, in an action for the recovery... | |
 | California - Civil procedure - 1858 - 320 pages
...section is always necessary. Johnson v. Williams, 2 Abbott, 229. I or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court shall order them to be brought in. 1. A court of equity will not permit litigation by piece-meal.... | |
 | Kansas - Session laws - 1859 - 726 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. ivrson. interested SEC. 48. When, in an action for the... | |
 | Oliver Lorenzo Barbour - Law reports, digests, etc - 1860 - 716 pages
...such grantee, to the other defendant, the judgment debtor is a necessary party. 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. And... | |
 | California - Civil procedure - 1860 - 388 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 shall order them to be brought in. matter and all the parties should be before it, and their... | |
 | Wisconsin - Session laws - 1861 - 390 pages
...court in Pc«oii3 iuu-rwtwhich an action is pending, either by the amdavit ot a parties to actions party to the action or by the answer, properly verified,...party to the action, is interested in the subject rnat.ter of the controversy, and whose interests in such subject matter are such as should be protected,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1861 - 700 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 joined as proper parties." We have seen that Lent was an indispensable... | |
 | North Dakota - Session laws - 1862 - 640 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. SECT. 38. When, in an action for the recovery of real or.... | |
 | Henry Whittaker - Civil procedure - 1863 - 1154 pages
...Hildreth, 32 Barb", 277. This rule is, however, subject to this modification, ie, that where it appears that a complete determination of the controversy cannot be had without the presence of other parties, the court has the power, and it is its duty, under section 122, to order them to be brought in, even... | |
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