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" 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 then- rights, but when a complete determination of the controversy cannot be had without the presence of... "
Colorado Reports - Page 187
by Colorado. Supreme Court - 1909
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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
...to forbid the court from determining any controversy between the parties before it, when it cannot be done without prejudice to the rights of others or by saving their rights. Smith v. Moore. 100 prf*;». - . 5. SAME: In action to rccoi.tr mortgaged chattel. ~'± In an action...
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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
...action for the purpose of obviating some technical difficulty. Thus it is declared in section 17, that "the " court may determine any controversy between...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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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851 - 548 pages
...be a bar to proceedings against the others. § 67. The court may determine any controversy between parties before it, when it can be done without prejudice...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
...be a bar to proceedings against the others. § 67. The court may determine any controversy between parties before it, when it can be done without prejudice...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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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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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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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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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 1

California. Supreme Court - Law reports, digests, etc - 1853 - 708 pages
...action for the purpose of obviating some technical difficulty. Thus it is declared in section 17, that "the " court may determine any controversy between...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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A Treatise on the Practice of the Courts of the State of California ...

Jesse B. Hart - Civil procedure - 1853 - 334 pages
...of the original party .(a) AS TO MAKING NEW PARTIES. The court may determine any controversy between parties before it, when it can be done without prejudice...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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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - Civil procedure - 1855 - 802 pages
...demurrer for defect of parties is well taken, Ib. d. 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 paru» is not well taken. If on the contrary a complete determination...
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