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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... "
Practice Reports in the Supreme Court and Court of Appeals - Seite 102
von Nathan Howard (Jr.) - 1851
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Reports of Cases at Law and in Equity Argued and Determined in the ..., Band 49

Arkansas. Supreme Court - 1888 - 666 Seiten
...forbid the court from determining any controversy between the parties before it, when it cannot be done without prejudice to the rights of others or by saving their rights. Smith v. Moore. 100 prf*;». - . 5. SAME: In action to rccoi.tr mortgaged chattel. ~'± In an action...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 Seiten
...121. § 613. 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...
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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 Seiten
...51, 52. A demurrer for nonjoinder of parties is well taken, where it appears that the court cannot determine the controversy before it, without prejudice to the rights of others ; nor by saving their rights. (Code, § 122.) It веете, that section 122 of the code is the controlling...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Band 14;Band 45

1851 - 520 Seiten
...action. " S. 122. 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 parties,...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Band 1

California. Supreme Court - 1851 - 672 Seiten
...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...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 Seiten
...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...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Band 1

Kentucky - 1851 - 548 Seiten
...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...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 Seiten
...it stood in the Code of 1849, will be held to be the controlling provision. Where the court cannot determine the controversy before it, without prejudice to the rights of others, or by saving those rights, demurrer will lie, and the court must cause those parties to be brought in. If the contrary...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 Seiten
...Subd. 4. A demurrer for nonjoinder of parties, is well taken where it appears that the court cannot determine the controversy before it without prejudice to the rights of others, nor by saving their rights. (Code, s. 122.) Wallace v. Eaton, 3 Code Rep., 161 ; 5 Pr. R., 99. It seems,...
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A Treatise on the Practice of the Courts of the State of California ...

Jesse B. Hart - 1853 - 334 Seiten
...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...
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