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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 Pacific Reporter, Volume 25

Law reports, digests, etc - 1891
...and secure equitable relief. Besides this, our statute provides that, "when a completedetermination of the controversy cannot be had, without the presence of other parties, the court must order them brought in." Code Civil Proc. 389. A complete determination of this controversy, if the...
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The Pacific Reporter, Volume 90

Law reports, digests, etc - 1907
...can be done without prejudice to the rights of others, or by saving their rights; but that, when a determination of the controversy cannot be had without the presence of other parties, the court may order them to be brought in, or dismiss the action without prejudice. Rev. St. 3480, 3487....
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The Pacific Reporter, Volume 79

Law reports, digests, etc - 1905
...right to file a cross-complaint at the time he files his answer," and section 3SO, providing that, when a complete determination of the controversy cannot be had without the presence of other parti"s, the court must order them to be brought in, and, to that end, may order amended and supplemental...
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West Coast Reporter ...: Containing All the Decisions as Fast as ..., Volume 2

Law - 1884
...that the case falls within section 20 of the code, requiring that ' ' when a complete dertermination of the controversy cannot be had without the presence of other parties, the court shafl cause them to be brought in." By an order to show cause, or by some other reasonable notice,...
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The Pacific Reporter, Volume 69

Law reports, digests, etc - 1902
...be served on the parties affected thereby. Section 389 provides that, wheu a complete determinatiou of the controversy cannot be had without the presence of other parties, the court may order them to be brought in, and summons to be issued and served. Section 720 provides that there...
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The Pacific Reporter, Volume 16

Law reports, digests, etc - 1888
...IN INTEREST. Code Civil Proc. Cal. 3SO, provides that when a complete determination of the cause cannot be had without the presence of other parties, the court must order them to be brought in. In an action to declare a resulting; trust as to stock in a corporation...
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The Northeastern Reporter, Volume 26

Law reports, digests, etc - 1891
...equity, the Code of Procedure was adopted, and the material part of section 122 thereof reads as follows: "The court may determine any controversy between the...of other parties, the court must cause them to be brought in. " The decisions of our courts have been quitenniform that thesection above quoted referred...
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The American Decisions: Containing All the Cases of General Value ..., Volume 67

John Proffatt, Abraham Clark Freeman - Law reports, digests, etc - 1885
...the code of procedure (sections 122, 173). By the first of these sections the court is authorized to "determine any controversy between the parties before...of other parties, the court must cause them to be brought in." Section 173 relates to amendments, and is in very comprehensive terms. The court may add...
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The General Statutes of the State of Nevada: In Force, from 1861 to 1885 ...

Nevada - Law - 1885 - 1310 pages
...Brubaker et al., 4 Nev. 81. 3039. SEC. 17. The court may determine any contro- controversy, versy between nt of taPp ' shall order them to be brought in, and thereupon the party directed by the court shall serve a copy...
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Pleading Under the Codes: Adapted to Use in the Several States and ...

Charles Theodore Boone - Code pleading - 1885 - 581 pages
...by saving their rights, then a demurrer for non-joinder is not well taken ; 18 if, on the contrary, a complete determination of the controversy cannot be had without the presence of other parties, then the demurrer is well taken.19 1 Cal. Code Civ. Proc. 430, subd. 4 ; NY Code Civ. Proc. 488,...
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