 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 3501918Full view - About this book
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1871 - 652 pages
...set up was want Chow i'. Brumagim. of consideration. Judge Marvin in his opinion says, that when a complete determination of the controversy cannot be had without the presence of other parties, they must be brought in, and that the judgment rendered in the court below, would not determine the... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...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... | |
 | New York (State). - Civil procedure - 1850 - 920 pages
...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 court must order them to be brought in. And when, in an action for the recovery of real or personal property,... | |
 | Law - 1851 - 520 pages
...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...without the presence of other parties, the court shall order them to be brought in." We consider these sections clearly drawn, and calculated to meet any... | |
 | 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,... | |
 | New York (State) - Session laws - 1851 - 1408 pages
...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, the court must cause them to be brought in. And when, in an action for the recovery of real or personal property,... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...their rights, then a demurrer for nonjoinder of such parties is not well taken. 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, and the court should order (hem to be brought in by amendments of... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...without prejudice to the rights of controversy, etc. others, or by saving their rights ; but when a complete determination of the controversy cannot be...without the presence of other parties, the court shall order them to be brought in. TITLE II. OF THE PLACE OF TRIAL OE CIVIL ACTIONS. SECTION 18. Actions... | |
 | Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...to deny but that the plaintiff's wife possesses an inchoate right of dower in said premises. When a complete determination of the controversy cannot be...had without the presence of other parties, the court must cause them to be brought in. (Code, § 122.) It is laid down as a general principle, that in equity... | |
 | Wisconsin - Session laws - 1853 - 810 pages
...by .saving their righ's, ties to be but when a complete determination of the controversy brought In. cannot be had without the presence of other parties, the court shall order them to be brought in ; and when, in a: action for the recovery of real or personal property*.... | |
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