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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 then- rights, but when a complete determination of the controversy cannot be had without the presence of... "
The Code of Procedure of the State of New York as Amended by the Legislature ... - Page 75
by New York (State). - 1869 - 217 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 - 1871 - 652 pages
...unless a party refuse to join as plaintiff, and then he is to be made defendant. Section 122, that the court may determine any controversy between the...done without prejudice to the- rights of others, or saving their rights ; but when that cannot be done the court shall order them brought in. And section...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 49

Arkansas. Supreme Court - 1888 - 666 pages
...(Mansf. Dig., sees, 4q45, 4946I , which provides that "the court may determine any controversy between parties before it when it can be done without prejudice to the rights of others," and that " where, in an action for the recovery of real or personal property, any person having an...
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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
...it 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 Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

1851 - 518 pages
...is made to be substituted in the action. " S. 122. 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 order them to be brought in." We consider these sections clearly drawn, and calculated to meet...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 1

California. Supreme Court - 1851 - 672 pages
...action for the purpose of obviating some technical difficulty. Thus it is declared in section 17, that "the " court may determine any controversy between...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, the court...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - 1851 - 548 pages
...be a bar to proceedings against the others. § 67. The court may determine any controversy between parties before it, when it can be done without prejudice...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 the presence...
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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
...to a supplemental pleading. § 122. [102.] (Amended.) — Court may determine controversy, fyc. — The court may determine any controversy between the...be done without prejudice to the rights of others, er by saving their rights, but when a complete determination of the controversy cannot be had without...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 pages
...be a bar to proceedings against the others. § 67. The court may determine any controversy between parties before it, when it can be done without prejudice...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 the presence...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - 1851 - 530 pages
...demurrer for defect of parties is well taken or not. If the court can determine the controversy before it without prejudice to the rights of others; or by saving their rights, then a demurrer for nonjoinder of such parties is not well taken. If on the contrary a complete determination...
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Laws of the State of New York, Volume 2

New York (State) - 1851 - 1408 pages
...controversy between %^loie_ the parties before if, when it can be done without 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,...
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