 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
 | Kentucky, Kentucky. General Assembly - 1851 - 550 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... | |
 | 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,... | |
 | Nathan Howard (Jr.), New York (State). Supreme Court - 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... | |
 | 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... | |
 | Nathan Howard (Jr.), New York (State). Supreme Court - 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...without the presence of other parties, the court must cause them to be brought in. (Code, § 122.) It is laid down as a general principle, that in equity... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...done without prejudice to the rights of controversy, etc. others, or by saving their rights ; but when a complete determination of the controversy cannot...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... | |
 | Jesse B. Hart - 1853 - 334 pages
...BY THE COURT. 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 in case a full and complete judgment of the court cannot be pronounced in the action without the presence... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 pages
...justly be disregarded by the court, and it was to meet such cases that the Code provided (§ 122) that " where a complete determination of the controversy...without the presence of other parties, the court must cause them to be brought in." If, therefore, in his judgment, there could not be a complete determination... | |
 | New York (State) - 1855 - 802 pages
...demurrer for defect of parties is well taken, Ib. d. 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 paruğ is not well taken. If on the contrary a complete determination... | |
 | Nathan Howard (Jr.), New York (State). Supreme Court - 1856 - 626 pages
...requiring him to pay all the cost to the present time, and opening the entire defence. It is urged that a complete determination of the controversy cannot be had without the presence of the executor of John Harrison. Why not? The judgment of this court will be entirely effectual to settle... | |
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