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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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Code of Procedure of the State of New York: With Art. VI of the Constitution ...

New York (State) - Court rules - 1875 - 481 pages
...of others, or hy saving their rights, hut when a complete determination of the controversy cannot 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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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - Actions and defenses - 1876 - 844 pages
...several persons jointly bound shall not be a bar to the proceedings against the others.'' 1 § 119. " (1) The court may determine any controversy between the...of other parties, the court must cause them to be brought in. " (2) [And] When in an action for the recovery of real or personal property, a person not...
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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - Law - 1876 - 1861 pages
...to order other parties to be brought in. SEC. 389. 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 be (a) The original section, instead of "death or any tī is to the action or proceeding,"...
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - Actions and defenses - 1876 - 844 pages
...in. The force and effect of the whole provision depend upon the interpretation given to the clause, " when a complete determination of the controversy cannot be had without the presence of other parties." To use the language of an eminent judge which has been repeatedly approved by other courts in different...
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Laws of the State of New York, Volume 2

New York (State) - Law - 1876
...rights of declde'eonothers, or by saving their rights; but where a complete determination trovei-sy, of the controversy cannot be had without the presence of other parties, otheVpa" PARTIES SEVERALLY LIABLE. [CHAP. v. summons. TITLE '2 ties to be ^ne cour^' must direct them...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - Session laws - 1877
...liability. SEC. 26. The court may determine any controversy between parties before it, when it can lie done without prejudice to the rights of others, or...had without the presence of other parties, the court shall order them to be brought in. Power , of par ' SEC. 27. When, in a civil action, a person not...
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New Cases Selected Chiefly from Decisions of the Courts of the ..., Volume 1

Austin Abbott - Civil procedure - 1877
...Sections 118 and 122 of the Code are still in force. As, to use the exact language of the latter section, "a complete determination of the controversy cannot...of other parties, the court must cause them to be brought in" (Code, section 122 ; People r. Law, 34 Barb. 494-509 ; SC, 22 How. Pr. 109 ; Allen and...
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Albany Law Journal, Volume 16

Law - 1877
...the reason be stated in the complaint. In section 123 t is further provided, that " when acomplote determination of the controversy cannot be had' without...of other parties, the court must cause them to be brought iu " * * ; while by section 144 advantage can be taken by demurrer by the defendant of the...
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Albany Law Journal, Volume 16

Law - 1877
...stated iu the complaint. In section 122 it is further provided, that " when a complete determlnation of the controversy cannot be had without the .presence...of other parties, the court must cause them to be brought in " * *; while by section 144 advantage can be taken by demurrer by the defendant of the fact,...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 76

North Carolina. Supreme Court - Law reports, digests, etc - 1877
...rights of others, or by saving their rights; but when, a COLOBOVE B. KOONCE. complete determiuation of the controversy cannot be had without the presence of other parties, the Court must causethem to be brought in. And when in an action for the recovery of real or personal property, a...
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