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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 their rights, but when a complete determination of the controversy cannot be had without the presence of... "
A Treatise on the Principles of Pleading in Civil Actions Under the New York ... - Page 87
by George Van Santvoord - 1852 - 629 pages
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 178

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - Law reports, digests, etc - 1904 - 752 pages
...out the precise defect or bringing the matter to the attention of the trial court, or showing that a complete determination of the controversy cannot be had without the presence of an additional party, is ineffectual. 3. TRANSFER OF INTEREST PENDENTE LITE — CODE Ctv. PRO. §756....
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The American State Reports: Containing the Cases of General ..., Volume 115

Abraham Clark Freeman - Law reports, digests, etc - 1907 - 1180 pages
...providing that every action must be prosecuted in the name of the real party in interest, and that when a complete determination of the controversy cannot...had without the presence of other parties, the court must cause them to be brought in. (p. 692.) EJECTMENT—Transfers Pendente Lite.—In an action of...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 51

Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1909 - 714 pages
...statute under which the order was made is as follows: "The court may determine any controversy between parties before it, when it can be done without prejudice...had without the presence of other parties, the court shall cause them to be brought in": B. & C. Comp. £§ 41, 394. The facts presented by the testimony...
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The American State Reports: Containing the Cases of General ..., Volume 123

Law reports, digests, etc - 1909 - 1208 pages
...291, 55 NE 745, 56 NE 665, 48 LRA 41. The section thus referred to, so far as material, is as follows: "The court may determine any controversy between the...before it when it can be done without prejudice to the right of others or by saving their rights, but, when a complete determination of the controversy cannot...
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The American State Reports: Containing the Cases of General Value and ...

Abraham Clark Freeman - Law reports, digests, etc - 1910 - 1292 pages
...accordingly. 2. Section 6011 of Kirby's Digest provides that 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. It also provides that when a determination of the controversy between the parties before the court...
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Reports of Cases Determined in the District Courts of Appeal of ..., Volume 10

California. District Courts of Appeal - Law reports, digests, etc - 1910 - 992 pages
...power of the court to determine the controversy before it without bringing in new parties, "when this can be done without prejudice to the rights of others, or by a saving of their rights." APPEAL from a judgment of the Superior Court of Los Angeles County. George...
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Colorado Reports, Volume 43

Colorado. Supreme Court - Law reports, digests, etc - 1909 - 710 pages
...Parties—Necessary Parties—Statutory Construction. . Section 16, Mills' Ann. Code, providing that "the court may determine any controversy between the...had without the presence of other parties, the court must order them to be brought in," is but declaratory of the general rule that all who are interested...
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Colorado Reports, Volume 41

Colorado. Supreme Court - Law reports, digests, etc - 1908 - 702 pages
...defendant to plaintiffs. Section 16 of our civil code provides: "The court may determine any controversies between the parties before it when it can be done...their rights; but when a complete determination of the controversies cannot be had without the presence of other parties, the court shall order them to be...
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Colorado Reports, Volume 36

Colorado. Supreme Court - Law reports, digests, etc - 1907 - 752 pages
...among them, Beasley v. Shiveley, 20 Oregon 508, and therefrom quotes approvingly the following: "A court may determine any controversy between the parties...the rights of others, or by saving their rights; but where a complete determination of the controversy cannot be had without the presence of other parties,...
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Wisconsin Session Laws

Wisconsin - Bills, Private - 1919 - 1684 pages
...before it, together with a certified copy of all the proceedings, orders and decisions made thereon. When a complete determination of the controversy cannot be had without the presence of other parties than those to the original proceeding the court shall order such parties to bo brought in, and for...
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