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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 Code of Civil Procedure of the State of New-York - Page 250
by Arphaxed Loomis, David Graham, David Dudley Field - 1850 - 791 pages
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Reports of practice cases, determined in the courts of the state of New York

Austin Abbott, Benjamin Vaughan Abbott - Civil procedure - 1857
...the only fund from which they can be paid. ll. The court is to determine any controversy between the parties before it, when it can be done without prejudice to the rights of others. This cannot be done in this case. The rights of creditors will be prejudiced by a distribution, as...
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Digest of the laws of California: containing all laws of a general character ...

William H. R. Wood - Law - 1857 - 820 pages
...action. ART. 7.34. Sec. 17. The court may determine any controversy between parties before it, wien it can be done without prejudice to the rights of others, or by saving1 tbeir rights: but when a complete determination of tie controversy cannot be haj without...
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The California practice act: being an act entitled "An act to regulate ...

California, California. Supreme Court - Civil procedure - 1858 - 302 pages
...court to continue an action under this section is always necessary. Johiaan v. Williams, 2 Abbott, 229. or by saving their rights ; but when a complete determination...had without the presence of other parties, the court shall order them to be brought in. 1. A court of equity will not permit litigation by piece-meal. The...
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General Laws of the Territory of Kansas

Kansas - Session laws - 1859
...substituted in the action. SEC. 47. The court may determino any controversy between mim b present. * JJ parties before it, when it can be done without prejudice...of others, or by saving their rights ; but when a determination of the controversy cannot be had without the presence of other parties, the court must...
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Laws, joint resolutions, and memorials passed at the regular session of the ...

Nebraska - Session laws - 1859
...controversy between CHTI net be do- parties before it, when it can be done without prejudice prejudice to to the rights of others, or by saving their rights; but when a determination of the controversy can not be had without the presence of other parties, the court must...
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The California Practice Act: being an act entitled "An act to regulate ...

California, California. Supreme Court - Civil procedure - 1860 - 368 pages
...continue an action under this section is always necessary. Johnson v. Williams, 2 Abbott, 229. 17. The court may determine any controversy between parties...had without the presence of other parties, the court shall order them to be brought in. matter and all the parties should be before it, and their respective...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour - Law reports, digests, etc - 1860
...section, as amended in 1851, reads as follows: " The court may determine any controversy between the parties before it, when it can be done without prejudice...but when a complete determination of the controversy Shaver v. Brainard. cannot be had without the presence of other parties, the court must cause them...
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A full and arranged digest of the decisions in common law, equity ..., Volume 2

Richard Peters, United States. Supreme Court - Law - 1860
...without them, and decide upon the merits of the case between the parties who have the real interest before it, when it can be done without prejudice to the rights of others. Wormley v. Wormley, 8 Wheat. 421 ; 5 Cond. Rep. 473. 93. The courts of the United States have jurisdiction...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 14

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1861
...controversy. The 22d section of the code, provides that " The Court may determine any controversy between the parties before it, when it can be done without prejudice...without the presence of other parties, the Court must cause them to be joined as proper parties." We have seen that Lent was an indispensable party, in whose...
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Wisconsin Session Laws, Volume 1861

Wisconsin - Session laws - 1861
...to actiom party to the action or by the answer, properly verified, of any party to the action, that a complete determination of the controversy cannot be had without the presence of other parties, or that any person, not a party to the action, is interested in the subject matter of the controversy,...
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