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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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The Code of Procedure of the State of New York, as Amended to 1867: With the ...

John Townshend - Court rules - 1867 - 292 pages
...of the order. 122. [102.] (Am'd 1849, 1851.) Court may determine controversy, &c. Interpleader. or by saving their rights ; but when a complete determination...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 property,...
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The Code of Procedure of the State of New York, Unabridged: Including All ...

New York (State), Nathan Howard (Jr.) - Civil procedure - 1867 - 944 pages
...manner 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...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 2

Civil procedure - 1867
...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"...
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The Constitution of South Carolina: Adopted April 16, 1868, and the Acts and ...

South Carolina - 1868
...par<ictHrnrineaa t'08 before it, when it can be done without prejudice to the rights of controversy, -others, or by saving their rights ; but when a complete...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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North Carolina Reports: Cases Argued and Determined in the ..., Volume 74

North Carolina. Supreme Court - Law reports, digests, etc - 1876
...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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Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - Constables - 1870 - 850 pages
...substituted in the action. Gen. Laws, 4955, 5464. SEC. 51. 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. Gen. Laws, 4956, 5464. SEC. 52. Parties in justices' courts may...
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General Laws, Resolutions, and Memorials of the Territory of Wyoming

Wyoming - Session laws - 1870
...where the cause of action now survives by law. SEC. 45. 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, and thereupon the party directed by the court shall serve a copy...
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The Code of Procedure of the State of New York: From 1848 to 1871 ...

Civil procedure - 1870 - 361 pages
...determine any controversy between parties, before it, when it can be done without prejudice to thg rights of others, or by saving their rights; but when...had without the presence of other parties, the court sholl order them to be brought in. 128. (As am'd in 1851.) The court may determine any controversy...
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Acts, Resolutions and Memorials Passed at the Annual Sessions of the ...

Utah (Ter.) - Law - 1870
...be done without prejudice to the rights of others, or by saving their rights; but when controversy, a complete determination of the controversy cannot...had without the presence of other parties, the Court shall order them to be brought in, and thereupon the party directed by the Court shall serve a copy...
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The Code of Procedure of the State of New York, as Amended to 1870: With ...

New York (State), John Townshend - Civil procedure - 1870 - 861 pages
...may direct ; and the court may, in its discretion, make the order. a. Sulid. 1. — By the phrase " when a complete determination of the controversy cannot be had without the presence of other parties," is meant that there are persons not parties, whose rights must be ascertained and settled before the...
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