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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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A Treatise on Real Property Trials ...

William Henry Malone - 1883 - 824 Seiten
...section 65, of the same code, it also provides : " AMcen a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in."* These sections 61 and 65 have undergone a judicial construction in North Carolina. Under the old law...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions to 1884

North Carolina, Walter Clark - 1884 - 550 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,...property, a person not a party to the action, but having ai, interest in the subject matter thereof, makes application to the court to be made a party, it may...
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The Pacific Reporter, Band 133

1913 - 1236 Seiten
...could have been made defendants under the terms of the statute. Section 5574, Сотр. L. 1909, says: "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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The American Decisions: Containing All the Cases of General Value ..., Band 67

John Proffatt, Abraham Clark Freeman - 1885 - 858 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 brought in." Section 173 relates to amendments, and is in very comprehensive terms. The court may add or strike...
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The Northeastern Reporter, Band 126

1920 - 960 Seiten
...rights of others or by saving their rights; but when a complete determination of the controversy can not 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 recovery of real or personal property, a person...
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The Northeastern Reporter, Band 65

1903 - 1174 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." Under this provision the court is given the power to determine the controversy...
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Documents of the Assembly of the State of New York, Band 108,Ausgabe 5

New York (State). Legislature. Assembly - 1885 - 1318 Seiten
...controversy as between the parties before it, and that where a complete determination of such controversy cannot be had without the presence of other parties, the court must direct them to be brougbt in. The word used in this section is not " action," but " controversy," and...
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Reports of Cases in the Supreme Court of Nebraska, Band 17

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1885 - 760 Seiten
...opinion to be willing to purchase under the order of sale." Section 478 of the civil code provides that, "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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A Treatise on the Law of Attachment and Garnishment: With an ..., Band 2

William Pratt Wade - 1886 - 818 Seiten
...saving their rights ; but when a complete determination of the controversy cannot be had without tho presence of other parties, the Court must cause them to be brought in.' It further declares, ' when it appears that any person not a party to tho action claims tho same debt...
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The American Decisions: Containing All the Cases of General Value ..., Band 67

1886 - 864 Seiten
...the rights of others, or by saving their rights; but when a complete determination of tho controversy cannot be had without the presence of other parties, the court must causa them to be brought in." Section 173 relates to amendments, and is in very comprehensive terms....
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