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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... "
The Pacific Reporter - Page 399
1918
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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
...then he is to be made 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
...Construction of statute. By the statute (Mansf. Dig., sees. 4945, 4-j46\, which provides that "the court may determine any controversy between parties before it...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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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...it as well. We have had no hesitation in providing therefore, as we have done by section 102, that when a complete determination of the controversy cannot be had without the presence of parties not at first brought before the court, the court may direct them to be made parties. Having...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 pages
...whom the transfer is made to be substituted in the action. Amended Code,§ 121. § 613. The court may determine any controversy between parties before it,...had without the presence of other parties, the court must order them to be brought in. And when, in an action for the recovery of real or personal property,...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851 - 548 pages
...several persons jointly bound, shall not be a bar to proceedings against the others. § 67. The court may determine any controversy between parties before it,...rights of others, or by saving their rights. But when a determination of the controversy between the parties before the court, cannot be made without the presence...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - Session laws - 1851 - 544 pages
...several persons jointly bound, shall not be a bar to proceedings against the others. § 67. The court may determine any controversy between parties before it,...rights of others, or by saving their rights. But when a determination of the controversy between the parties before the court, cannot be made without the presence...
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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
...difficulty. Thus it is declared in section 17, that "the " court may determine any controversy between the parties "before it, when it can be done without prejudice...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, the court...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - Civil procedure - 1851 - 266 pages
...without prejudice <otrover«y,or lo order the rights of others, or by saving their rights, but when plete determination of the controversy cannot be had without the presence 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,...
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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
...(Amended.) — Court may 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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