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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... "
The Code of Procedure of the State of South Carolina, Originally Adopted ... - Page 61
by South Carolina, Robert A. Lynch - 1880 - 247 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
...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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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 Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - 1850 - 920 pages
...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...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 Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

1851 - 518 pages
...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...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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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - 1851 - 530 pages
...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, the court should order them to be brought in....
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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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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 1

California. Supreme Court - 1851 - 672 pages
...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, the court...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...parties ^™^J^J before it, when it can be done without prejudice to the rights of controversy, etc. others, or by saving their rights ; but when a complete...had without the presence of other parties, the court shall order them to be brought in. TITLE II. OF THE PLACE OF TRIAL OE CIVIL ACTIONS. SECTION 18. Actions...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 8

Nathan Howard (Jr.) - 1853 - 594 pages
...pretends to deny but that the plaintiff's wife possesses an inchoate right of dower in said premises. When a complete determination of the controversy cannot...parties, the court must cause them to be brought in. (Code, § 122.) It is laid down as a general principle, that in equity suits every person who is at...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 1

California. Supreme Court - 1853 - 708 pages
...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, the court...
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