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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 in Law and Equity, Determined in the Supreme Court of the ... - Page 537
by Iowa. Supreme Court - 1865
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 21

New Jersey. Court of Chancery - Law reports, digests, etc - 1871 - 652 pages
...defendant. Section 122, that the court may determine any controversy between the parties before it, when it can be done without prejudice to the- rights of others, or saving their rights ; but when that cannot be done the court shall order them brought in. And section...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 49

Arkansas. Supreme Court - Law reports, digests, etc - 1888 - 666 pages
...4945, 4-j46\, which provides that "the court may determine any controversy between parties before it when it can be done without prejudice to the rights of others." and that "where, in an action for the recovery of real or personal property, any person having an interest...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...action. Amended Code, § 121. § 613. 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 parties, the...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 1

California. Supreme Court - Law reports, digests, etc - 1851 - 672 pages
...declared in section 17, that "the " court may determine any controversy between the parties "before it, when it can be done without prejudice to the rights...of others, or by saving their rights ; but when a complete de" termination of the controversy cannot be had without the pre" sence of other parties,...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

Law - 1851 - 520 pages
...substituted in the action. " S. 122. 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 parties, the...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...determine controversy, fyc. — The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, er by saving their rights, but when a complete determination of the controversy cannot be had without...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...demurrer for defect of parties is well taken or not. If the court can determine the controversy before it without prejudice to the rights of others; or by saving their rights, then a demurrer for nonjoinder of such parties is not well taken. If on the contrary a complete determination...
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Laws of the State of New York, Volume 2

New York (State) - Session laws - 1851 - 1408 pages
...controversy between %^loie_ the parties before if, when it can be done without prejudice to trovcmy, ot the rights of others, or by saving their rights, but when a com- (U^VEe" plete determination of the controversy cannot be had without the presence of other parties,...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...demurrer for defect of parlies is well taken. 74. If the court can determine the controversy before it, without prejudice to the rights of others, or by saving their rights, then a demurrer for nonjoinder of such parties is not well taken. If on the contrary a complete determination...
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A Treatise on the Practice of the Courts of the State of California ...

Jesse B. Hart - Civil procedure - 1853 - 334 pages
...MAKING NEW PARTIES BY THE COURT. 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 in case a full and complete judgment of the court cannot be pronounced in the action without the presence...
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