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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... "
Reports of Cases Heard and Determined in the Appellate Division of the ... - Page 355
by New York (State). Supreme Court. Appellate Division - 1898
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 21

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...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 49

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...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

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...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

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,...
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The Code of Civil Procedure of the State of New-York

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,...
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The Code of Procedure of the State of New York: As Amended by the ...

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,...
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Laws of the State of New York, Volume 2

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,...
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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 - 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...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

1851 - 518 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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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 1

California. Supreme Court - 1851 - 672 pages
...that "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 de" termination of the controversy cannot be had without the pre" sence of other parties,...
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