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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... "
A Digest of New York Statutes and Reports: From the Earliest Period to the ... - Seite 279
von Benjamin Vaughan Abbott, Austin Abbott - 1864
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Albany Law Journal, Band 16

1877 - 510 Seiten
...complaint. In section 123 t is further provided, that " when acomplote determination of the controversy cannot be had' without the presence of other parties, the court must cause them to be brought iu " * * ; while by section 144 advantage can be taken by demurrer by the defendant of the fact, that...
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North Carolina Reports: Cases Argued and Determined in the Supreme ..., Band 76

North Carolina. Supreme Court - 1877 - 568 Seiten
...or by saving their rights; but when, a COLOBOVE B. KOONCE. complete determiuation of the controversy cannot be had without the presence of other parties, the Court must causethem to be brought in. And when in an action for the recovery of real or personal property, a...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions

North Carolina, Albion W. Tourgée - 1878 - 484 Seiten
...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, the court must cause them to be brought in. Where A. purchased land for B , taking title to himself and afterward conveying the legal estate to...
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Acts of the State of Ohio, Band 75

Ohio - 1878 - 1364 Seiten
...be brought in, or dismiss the action without prejudice. [Civil Code, § 40, S. & C. 958.] SEC. 22. In an action for the recovery of real or personal property, a person claiming an interest in the property may, on his application, be made a party. [Civil Code, § 41,...
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A Treatise on the Law of Mortgages of Real Property, Band 2

Leonard Augustus Jones - 1879 - 844 Seiten
...provided that when a complete determination of the controversy between the parties before the court cannot be had without the presence of other parties, the court must cause them to be brought in. A person having an interest in the subject of the suit, and not a party to it, may be made a party...
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A Treatise on Pleading and Practice Under the Indiana Code of Procedure ...

Asa Iglehart - 1879 - 1048 Seiten
...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, the court must cause them to be joined as proper parties. And when, in an action for the possession of personal or real property, a...
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North Carolina Reports: Cases Argued and Determined in the Supreme ..., Band 82

North Carolina. Supreme Court - 1880 - 792 Seiten
...case may require, to any such action ; and by section 65 it is enacted in the second paragraph, that in an action for the recovery of real or personal property, a person not a party, but having an interest in the subject thereof, may apply to the court to be made a party and on such...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 Seiten
...rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in. And where a person, not a party to the action, has an interest in the...
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The Compiled Statutes of the State of Nebraska: Comprising All Laws of a ...

Nebraska, Guy Ashton Brown - 1881 - 838 Seiten
...prejudice to the rights of others, or by saying their rights ; but when a determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in. SEC. 47. [Same — Parties having interest in property.] -When, in an...
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The Compiled Statutes of the State of Nebraska: Comprising All Laws of a ...

Nebraska, Guy Ashton Brown - 1881 - 842 Seiten
...court must order them to be brought in. SEC. 47. [Same— Parties having interest in property.]— When, in an action for the recovery of real or personal property, any person having an interest in the property applies to be made a party, the court may order it to...
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