 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 New York Supplement - Page 6881920Full view - About this book
 | New Jersey. Court of Chancery - 1871 - 652 pages
...defence 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... | |
 | Arkansas. Supreme Court - 1888 - 666 pages
...forbid the court from determining any controversy between the parties before it, when it cannot be done without prejudice to the rights of others or by saving their rights. Smith v. Moore. 100 prf*;». - . 5. SAME: In action to rccoi.tr mortgaged chattel. ~'± In an action... | |
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...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... | |
 | New York (State). - 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...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,... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...121. § 613. 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 parties,... | |
 | New York (State). - 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) - 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 - 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... | |
 | Kentucky - 1851 - 544 pages
...others. § 67. 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 determination of the controversy between the parties before the court, cannot be made without... | |
 | 1851 - 520 pages
...action. " S. 122. 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 parties,... | |
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