...before it, 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...parties, the court must direct them to be brought lu." [Z] It is a general rule in equity that all persons interested in the subject-matter of an action...

...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...

...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...

...advantage of by demurrer or answer, defendant Is deemed to have waived It, and section 452 providing that, where a complete determination of the controversy cannot be had without the appearance of other parties, the court must direct them to be brought In, whether parties sought by...

...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...

...it, together with a certified copy of all the proceedings, orders and decisions made thereon. When a complete determination of the controversy cannot be had without the presence of other parties than those to the original proceeding the court shall order such parties to be brought in, and for...

...3. Under Rev. St. 1804, { 273 (Rev. St 18^1, § 272), providing that when a complete détermination of the controversy cannot be had without the presence of other parties, the court must cause them to be joined, a new party will not be made merely for the purpose of settling matters between...

...when it can be done without prejudice to the rights of others, or by saving their rights; but n'hen ii complete determination of the controversy cannot be...without the presence of other parties, the court must then order them to be brought in." (Italics ours.) While we do not want to be understood as holding...

...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...had without the presence of other parties, the court shall cause them to be brought in." Pierce's Code 1912, tit. 81—41. "The defendant may set forth...

...between the parties before It, when it can be done without prejudice to the rights of others; but when a complete determination of the controversy cannot...without the presence of other parties, the court must cause them to be brought in." (Italics ours.) In the case of Miller v. Bank, supra, the court says:...