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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 Argued and Determined in Ohio Courts of Record Except ... - Page 246
by William John Tossell - 1912
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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
...then he is to be made defendant. Section 122, 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 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
...PARTIES: Construction of statute. , *By the statute (Mansf. Dig., sees, 4q45, 4946I , which provides that "the court may determine any controversy between parties...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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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - 1850 - 920 pages
...the person to whom the transfer is made to be substituted in the action. Amended Code,§ 121. § 613. The court may determine any controversy between parties...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...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - 1851 - 548 pages
...more of several persons jointly bound, shall not be a bar to proceedings against the others. § 67. The court may determine any controversy between parties...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...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

1851 - 520 pages
...court may allow the person to whom the transfer is made to be substituted in the action. " S. 122. The court may determine any controversy between parties...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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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 pages
...more of several persons jointly bound, shall not be a bar to proceedings against the others. § 67. The court may determine any controversy between parties...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...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - 1851 - 530 pages
...the complaint. And the 122d section provides 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 determination of the controversy can not 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
...difficulty. Thus it is declared in section 17, that "the " court may determine any controversy between the parties "before it, when it can be done without prejudice...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...
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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
...(Amended.) — Court may determine controversy, fyc. — The court may determine any controversy between the parties before it, when it can 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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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 pages
...demurrer for defect of parlies is well taken. 74. 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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