 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 312 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... | |
 | Law - 1851 - 520 pages
...court may allow the person to whom the transfer is made to be substituted in the action. " S. 122. The court may determine any controversy between parties...had 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... | |
 | Kentucky - Law - 1851 - 548 pages
...more of several persons jointly bound, shall not be a bar to proceedings against the others. § 67. The court may determine any controversy between parties...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... | |
 | Member of the New York Bar - Civil procedure - 1851 - 412 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, ar by saving their rights, but when a complete determination of the controversy cannot be had without... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...controversy írovere","or between the parties before it, when it can be done without prejuother par- dice to the rights of others, or by saving their rights, but when a brought m. com pl e ( e determination of the controversy cannot be had without Amended the presence... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...determine any controversy between ^°,"" lo the parties before it, when it can be done without prejudice the rights of others, or by saving their rights, but when a com- ? píete determination of the controversy cannot be had without the presence of other parties,... | |
 | George Van Santvoord - Civil procedure - 1852 - 676 pages
...defend for the benefit of the whole.'" And again: " The court may determine any controversy between the parties before it when it can be done without prejudice...had without the presence of other parties, the court may cause them to be brought in," &c' It was said by JUSTICE MASON, in the case of Wallace v. Eaton,... | |
 | 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... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...substituted in the action. SEC. 17. The court may determine any controversy between parties ^™^J^J before it, when it can be done without prejudice to the rights of controversy, etc. others, or by saving their rights; but when a complete determination of the controversy... | |
 | New York (State) - Civil procedure - 1855 - 802 pages
...1849-1851.) Court may determine controversy, &c. The court may determine any controversy between tbe parties before it, -when it can be done without prejudice...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,... | |
| |
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... 
