| Wyoming - 1870 - 808 sider
...survives by law. SEC. 45. 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, and thereupon the party directed by the court shall serve a copy... | |
| 1870 - 378 sider
...determine any controversy between parties, before it, when it can be done without prejudice to thg rights of others, or by saving their rights; but when...had without the presence of other parties, the court sholl order them to be brought in. § 128. (As am'd in 1851.) The court may determine any controversy... | |
| New York (State), John Townshend - 1870 - 896 sider
...may direct ; and the court may, in its discretion, make the order. a. Sulid. 1. — By the phrase " when a complete determination of the controversy cannot be had without the presence of other parties," is meant that there are persons not parties, whose rights must be ascertained and settled before the... | |
| Utah (Ter.) - 1870 - 162 sider
...survives by law. SEC. 17. 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 controversy, a complete determination of the controversy cannot be had without the presence of other... | |
| 1870 - 288 sider
...of others, or hy saving their rights, hut when a complete determination of the controversy caunot he had without the presence of other parties, the court must cause them to he hrought in. And when, in an action for the recovery of real or personal property, a person, not... | |
| New Jersey. Court of Chancery - 1871 - 670 sider
...defence set up was want Chew r. 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... | |
| New York (State), William Wait - 1871 - 1034 sider
...Wallace v. Eaton, 5 How. 99 ; SC 3 Code R. 161. If the court cannot determine the controversy before it, without prejudice to the rights of others, or by saving their rights, then a demurrer for a non-joinder is well taken. Id. VI. UNDER SUBDIVISION 5. а. Waiver. — Where... | |
| California - 1872 - 774 sider
...202. $ 389. (J 17.) The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others,...without the presence of other parties, the court must then order them to bo brought in. And wlien, in an action for the recovery of real or personal property,... | |
| California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 sider
...done troreny or » othordpar- without prejudice to the rights of others, or by saving brought "in. their rights; but when a complete determination of...without the presence of other parties, the Court must then order them to be brought in. And when, in an action for the recovery of real or personal property,... | |
| William Wait - 1872 - 950 sider
...ia section 122 of the Code should be applied. 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 non-joinder of such parties is not well taken. But if, on the Other hand, a complete... | |
| |