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" The court may determine any controversy between 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 other... "
Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Page 229
by 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 - 1861
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Session Laws

North Dakota - Session laws - 1862
...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. m*™ persons...
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Practice and Pleading in Actions in the Courts of Record in the ..., Volume 2

Henry Whittaker - Civil procedure - 1863
...32 Barb", 277. This rule is, however, subject to this modification, ie, that where it appears that a complete determination of the controversy cannot...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 although...
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Statutes at Large of the State of New York: Comprising the Revised ..., Volume 5

New York (State) - Law - 1863
...others, or by saving their rights, but when ao complete determination of the controversy cannot be had K without the presence of other parties, the court must cause *"• them to be brought in. And when, in an action for the reco-' very of real or personal property, a person, not...
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Laws of the Territory of Idaho

Idaho - Session laws - 1864
...transfer is made to be substituted in the action. SEC. 17. The court may determine any controversy between parties before it, when it can be done without prejudice...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 subject...
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Laws of the Territory of Idaho

Idaho (Ter.) - Law - 1864
...transfer is made to be substituted in the action. SEC. 17. The court may determine any controversy between parties before it, when it can be done without prejudice...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 subject...
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The Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - Civil procedure - 1864 - 315 pages
...tte. Interpleader. The court may determine any controversy between the parties before it, when it cn be done without prejudice to the rights of others,...of other parties, the court must cause them to be brought in. And when, in an action for the recovery of real or personal property, a person not a party...
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A Digest of New York Statutes and Reports: From the Earliest ..., Volume 4

Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864
...rights of others, or by saving their rights ; but when a complete determination of the controveftey 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 property, a person not a party...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - Law - 1866
...substituted in the action. SEC. 17. The court may determine any controversy before it betwean the parties, when it can be done without prejudice to the rights...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 may hereafter...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 45

New York (State). Supreme Court, Oliver Lorenzo Barbour - Law reports, digests, etc - 1866
...of others, or by saving their rights ;" but if a complete determination of the controversy can not be had without the presence of other parties, the court must cause them to be brought in. (Code, 122.) The only authority the court possesses in this contingency is to "cause...
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The Code of Procedure of the State of New York, as Amended to 1866, with ...

New York (State) - 1867 - 1063 pages
...[102.] (Am'd 1849, 1851.) Court may determine controversy ; bring in parties, &c. — Interpleader. The court may determine any controversy between the...of other parties, the court must cause them to be brought in. And when, in an action for the recovery of real or personal property, a person not a party...
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