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
| Wisconsin - Bills, Private - 1883 - 480 pages
...a610. The court may determine anv coninc to cml ac- , , ,i x- ij? -, ,' -L tions amended, troversy between the parties before it, when it can be done...cannot be had without the presence of other parties, or any persons not parties to the action have such interests in the subject matter of the controversy... | |
| William Henry Malone - Real property - 1883 - 824 pages
...Chase, 21 Wis., 511 ; Sedw. & Wait, ? 488. In section 65, of the same code, it also provides : " AMcen a complete determination of the controversy cannot...of other parties, the court must cause them to be brought in."* These sections 61 and 65 have undergone a judicial construction in North Carolina. Under... | |
| John Worth Edmonds - Law reports, digests, etc - 1883 - 500 pages
...section 119 all who are united in interest must be joined as plaintiffs or defendants, and by section 122 when a complete determination of the controversy cannot...had without the presence of other parties, the court shall order them to be brought in. Fraser v. Greenhill. machinery, the more simple, expeditious, and... | |
| Law reports, digests, etc - 1883 - 980 pages
...without preju. '-e to the rights of others, or by saving their rights; but when a determina-' :'i)n of the controversy cannot be had without the presence of other parties, ''.e court must order them to be brought in. This provision fully sustains i.,e court below in the... | |
| Law reports, digests, etc - 1897 - 1148 pages
...year, both under general equitable principles and practice, and under Code Civ. Proc. ยง 389, providing that "the court may determine any controversy between...without the presence of other parties, the court must order them to be brought in": the application of said section not being limited to absent persons not... | |
| Law reports, digests, etc - 1918 - 1212 pages
...are in court. This makes applicable section 41, LOL: "The court may determine any controversy between parties before it, when it can be done without prejudice...controversy cannot be had without the presence of other piirties, the court shall cause them to be brought in." It Is true that in Wilson v. Tarter, 22 Or.... | |
| Law reports, digests, etc - 1884 - 938 pages
...consideration, we have come to the opinion that the case falls within section 20 of the Code, requiring that "when a complete determination of the controversy...had without the presence of other parties, the court shall cause them to be brought in." By an order to show cause, or by some other reasonable notice,... | |
| Law reports, digests, etc - 1916 - 1240 pages
...between parties before it when it can be done without prejudice to the rights of others, or by savinff their rights; but when a complete determination of...controversy cannot be had without the presence of other parries, the court shall cause them to be brought in." Section 69 provides: "When jurisdiction is,... | |
| West Virginia - Law - 1884 - 994 pages
...decreed in the case, as if a cross bill had been filed to obtain such relief. 58. Whenever in any case a complete determination of the controversy cannot...had without the presence of other parties, the court may cause them to be made parties to the action or suit by amendment. 59. When a defendant in equity... | |
| George Leib Harrison - Europe - 1884 - 1156 pages
...said board, together with a certified copy of all the proceedings, orders and decisions of said Ixmrd. When a complete determination of the controversy cannot be had without the presence of other parties than those to the original proceeding, the court shall order such parties to be brought in; and to... | |
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