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
| John Townshend - Civil procedure - 1864 - 320 pages
...when it c«n 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... | |
| Idaho - Law - 1864 - 734 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. TITLE II. PLACE OF TRIAL OF CIVIL ACTIONS. SEC. 18. Where... | |
| Idaho (Ter.) - Law - 1864 - 762 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. TITLE II. PLACE OF TRIAL OF CIVIL ACTIONS. SEC. IS. Where... | |
| Montana (Ter.) - Law - 1866 - 792 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. In all suits now pending in any court of record, or which... | |
| New York (State) - 1867 - 1086 pages
...when it can be done without prejudice to the rights of others, or by saving their rights ; but when n, 465). This provision has not repealed Ώ 0 + > ɀ 0 ", 1867 Baker, Voorh the court must cause them to be brought in. And when, in an action for the recovery of real or personal... | |
| John Townshend - Court rules - 1867 - 298 pages
...1849, 1851.) Court may determine controversy, &c. Interpleader. or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court mast cause them to be brought in. And when, in an action for the recovery of real or personal... | |
| New York (State), Nathan Howard (Jr.) - Civil procedure - 1867 - 966 pages
...makes section 64 apply to the marine court. Section 121 of the Code, in terms, provides that, when a complete determination of the controversy cannot be had without the presence of other punies, the court mutt cause them to be brought in. It Beems to me that in this the marine court have... | |
| Civil procedure - 1867 - 588 pages
...The defendant who has not appeared or Goodyear v. Brooks. served, is not before the court. * * * * A complete determination of the controversy cannot be had without the presence of the third defendant ; service of summons upon him, or his appearance in the action, is indispensable"... | |
| South Carolina - 1868 - 942 pages
...done without prejudice to the rights of controversy, -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... | |
| North Carolina. Supreme Court - Law reports, digests, etc - 1876 - 886 pages
...suit. CCP, sec. 343. This would entitle the plaintiff to his judgment here ; but then, it is apparent that " a complete determination of the controversy cannot be had without the presence of other par ties;"' for, if the plaintiff recover, the representative of the deceased payee of the note may... | |
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