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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 New York Code of Civil Procedure ... - Side 54
1894 - 655 sider
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volum 21

New Jersey. Court of Chancery - 1871 - 652 sider
...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 sider
...actions, shall apply to these courts. § 9. Section 102 is amended, so as to read as follows: § 102. When a complete determination of the controversy cannot...had, without the presence of other parties, the court may order them to be brought in, by an amendment of the complaint, or by a supplemental •complaint^...
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The Code of Civil Procedure of the State of New York: Reported ..., Volum 2

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

1851 - 520 sider
...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...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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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 sider
...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, Volum 2

New York (State) - 1851 - 1408 sider
...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 sider
...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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Practice Reports in the Supreme Court and Court of Appeals, Volum 8

Nathan Howard (Jr.) - 1853 - 594 sider
...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...
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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 sider
...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...
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Reports of Cases Argued and Determined in the Superior Court of the ..., Volum 8

John Duer, New York (State). Superior Court (New York) - 1855 - 738 sider
...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...
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