 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 229by 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 - 1861Full view - About this book
 | 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. m*™ persons... | |
 | Henry Whittaker - Civil procedure - 1863 - 1154 pages
...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... | |
 | New York (State) - Law - 1863 - 1026 pages
...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... | |
 | Idaho - Law - 1864 - 734 pages
...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... | |
 | Idaho (Ter.) - Law - 1864 - 762 pages
...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... | |
 | John Townshend - Civil procedure - 1864 - 320 pages
...tte. Interpleader. The court may determine any controversy between the parties before it, when it c«n 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... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 810 pages
...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... | |
 | Montana (Ter.) - Law - 1866 - 792 pages
...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... | |
 | New York (State) - 1867 - 1086 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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