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Bøker Bok 4150 av 187The court may determine any controversy between parties before it, when it can be...
" 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 New York, as Amended to 1864: With ... - Side 67
av John Townshend - 1864 - 315 sider
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Reports of Cases Argued and Determined in the Superior Court of ..., Volum 22

Joseph S. Bosworth - 1865
...(Code, § 118.) And "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. (Code, $ 122.) Bosw.—VOL. IX. 63 lowber T. Kelly et aL The plaintiflf cannot compel Winter to sue....
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866
...action. SEC. 17. The court may determine any controversy before it betwean the parties, when it can be done without prejudice to the rights of others,...without the presence of other parties," the court shall order them to be brought in. In all suits now pending in any court of record, or which may hereafter...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volum 45

Oliver Lorenzo Barbour - 1866
...duty of the court, therefore, to proceed to the determination of the merits of the case, if it can be done, , "without prejudice to the rights of others, or by saving their rights ;" but if a complete determination of the controversy can not be had without the presence of other parties,...
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Practice Reports in the Supreme Court and Court of Appeals, Volum 30

Nathan Howard - 1866
...122) provides : " The court may determine any controversy betwcen the parties before it when it can be done without prejudice to the rights of others, or by saving their rights." This controversy can be determined without making Abram Wager or Ensign parties. If the defendant purchased...
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The Code of Procedure of the State of New York, as Amended to 1867: With the ...

New York (State) - 1867 - 292 sider
...of the order. § 122. [102.] (Am'd 1849, 1851.) Court may determine controversy, &c. Interpleader. or by saving their rights ; but when a complete determination...had without the presence of other parties, the court mast 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 of the State of New York, Unabridged: Including All ...

New York (State), Nathan Howard (Jr.) - 1867 - 944 sider
...manner makes section 64 apply to the marine court. Section 121 of the Code, in terms, provides that, when a complete determination of the controversy cannot be had without the presence of other punies, the court mutt cause them to be brought in. It Beems to me that in this the marine court have...
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Reports of Practice Cases, Determined in the Courts of the State of ..., Volum 2

1867
...The defendant who has not appeared or Goodyear v. Brooks. served, is not before the court. * * * * A complete determination of the controversy cannot be had without the presence of the third defendant ; service of summons upon him, or his appearance in the action, is indispensable"...
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North Carolina Reports: Cases Argued and Determined in the Supreme ..., Volum 74

1876
...CCP, sec. 343. This would entitle the plaintiff to his judgment here ; but then, it is apparent that " a complete determination of the controversy cannot be had without the presence of other par ties;"' for, if the plaintiff recover, the representative of the deceased payee of the note may...
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Statutes at Large of the State of New York: Comprising the Revised ..., Volum 5

New York (State) - 1869
...determination oTteumicr* of the controversy cannot be had without tho presence of other par- {J^'yUJ" ties, the court must cause them to be brought in. And when, in an brought in. action for the recovery of real or personal property, a person not a party to the action,...
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Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

1870 - 850 sider
...4955, 5464. SEC. 51. The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others...had without the presence of other parties, the court shall order them to be brought in. Gen. Laws, 4956, 5464. SEC. 52. Parties in justices' courts may...
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