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Books Books 1 - 10 of 165 on The court may determine any controversy between parties before it, when it can be....  
" 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 code of procedure of the state of New York: as amended by the ... - Page 45
by New York (State) - 1851 - 207 pages
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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
...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...
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Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848
...apply to these courts. § 9. Section 102 is amended, so as to read as follows: § 102. When a complete determination of the controversy cannot be had, without the presence of other parties, the court may order them to be brought in, by an amendment of the complaint, or by a supplemental •complaint^...
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The Code of Civil Procedure of the State of New-York

Arphaxed Loomis, David Graham, David Dudley Field - Civil procedure - 1850 - 791 pages
...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,...
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The Law Magazine, Or, Quarterly Review of Jurisprudence

Law - 1851
...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 shall order them to be brought in." We consider these sections clearly drawn, and calculated to meet...
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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 - 394 pages
...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...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 8

Nathan Howard, Rowland M Stover - Law reports, digests, etc - 1853
...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...parties, the court must cause them to be brought in. (Code, § 122.) It is laid down as a general principle, that in equity suits every person who is at...
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Compiled laws of the state of California: containing all the acts of the ...

California, F. A. Snyder, Selucius Garfielde - Law - 1853 - 1071 pages
...prejudice to the rights of controversy, etc. 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 shall order them to be brought in. TITLE II. OF THE PLACE OF TRIAL OE CIVIL ACTIONS. SECTION 18. Actions...
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Reports of cases argued and determined in the Superior Court of ..., Volume 8

John Duer, New York (State). Superior Court (New York) - Law reports, digests, etc - 1855
...by the court, and it was to meet such cases that the Code provided (§ 122) that " where a complete determination of the controversy cannot be had without...parties, the court must cause them to be brought in." If, therefore, in his judgment, there could not be a complete determination of the present controversy,...
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General Acts Passed by the Legislature of Wisconsin

Wisconsin - Session laws - 1856
...controversy brought in. cannot be had without the presence of other parties, the court shall order them to be brought in ; and when in an action for...the recovery of real or personal property, a person, noif a p-'rty to the action, but having an interest in the subject thereof, makes application to the...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 12

Nathan Howard, Rowland M Stover - Law reports, digests, etc - 1856
...this protection to the defendant is not what is meant by the case suggested, viz., "when a complete determination of the controversy cannot be had without the presence of other parlies." That case is, I think, where there are persons not parties whose rights must be ascertained...
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