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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, 1870: With Art. VI of the ...

Statutes - 1870 - 281 pages
...of others, or hy saving their rights, hut when a complete determination of the controversy caunot he had without the presence of other parties, the court must cause them to he hrought in. And when, in an action for the recovery of real or personal property, a person, not...
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Reports of Cases Argued and Determined in the Court of Chancery ..., Volume 6

New Jersey. Court of Chancery - Equity - 1871
...defence set up was want Chew r. Brumagim. of consideration. Judge Marvin in his opinion says, that when a complete determination of the controversy cannot be had without the presence of other parties, they must be brought in, and that the judgment rendered in the court below, would not determine the...
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The Code of Procedure of the State of New York: As Amended to 1871, with ...

New York (State)., William Wait - Civil procedure - 1871 - 975 pages
...the complaint dismissed, no other relief can be granted, on appeal. Garvey v. Jarvis, 54 Barb. 179. " When a complete determination of the controversy cannot be had, without the presence of other parties," is, where there are persons, not parties, whose rights must be ascertained and settled, before the...
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - Civil procedure - 1872 - 750 pages
..."the joint." 22 Cal. 336; 30 Cal. 202. $ 389. (J 17.) The court may determine any controversy between parties before it, when it can be done without prejudice...without the presence of other parties, the court must then order them to bo brought in. And wlien, in an action for the recovery of real or personal property,...
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The Code of Civil Procedure: Of the State of California

California, Creed Haymond - Civil procedure - 1872 - 768 pages
...done troreny or othordpar- without prejudice to the rights of others, or by saving brought "in. their rights; but when a complete determination of...without the presence of other parties, the Court must then order them to be brought in. And when, in an action for the recovery of real or personal property,...
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The Practice at Law: In Equity, and in Special Proceedings, in All ..., Volume 1

William Wait - Civil procedure - 1872
...rights, then a demurrer for non-joinder of such parties is not well taken. But if, on the Other hand, a complete determination of the controversy cannot be had without the presence of other parties, then the demurrer is well taken. Wallace v. Eaton, 5 How. 99; SC, 3 Code K. 161. See Janes v. Fetch,...
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The Code of Civil Procedure of the State of California, Volume 1

California - Civil procedure - 1872
...BRING IN OTHER PARTIES. — Where it turns out upon the trial that a complete determination of thy controversy cannot be had without the presence of other parties, the Court should, of its own motion, order them to be brought in before a final disposition of the case. —...
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The Revised Statutes of the State of South Carolina: Prepared by ...

South Carolina - Law - 1873 - 1063 pages
...the . of exiting parties before it, when it can be done without prejudice to the rights *nen not to of 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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The Code of Civil Procedure of the State of California, Volume 1

California - Civil procedure - 1874
...McKee, 5 Cal., p. 510. 4. ORDER TO BRING IJT OTHER PARTIES. — Where it turns out upon the trial Unit a complete determination of the controversy cannot...had without the presence of other parties, the Court should, of its own motion, order them to be brought in before a final disposition of the case.— Setterabre...
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The Practice at Law: In Equity, and in Special Proceedings, in All ..., Volume 3

William Wait - Civil procedure - 1874
...imperative duty of the court to cause the proper parties to be brought in whenever it appears that a complete determination of the controversy cannot be had without the presence of such other parties. Shaver VOL. III. — 20 Proceedings where defect of parties — Of plaintiffs —...
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