 | John Townshend - Court rules - 1867 - 298 pages
...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,... | |
 | New York (State), Nathan Howard (Jr.) - Civil procedure - 1867 - 966 pages
...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... | |
 | Civil procedure - 1867 - 588 pages
...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"... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1876 - 886 pages
...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... | |
 | New York (State) - Law - 1869 - 1002 pages
...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,... | |
 | Wyoming - Law - 1870 - 808 pages
...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...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... | |
 | Charles W. Langdon - Constables - 1870 - 858 pages
...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...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... | |
 | Civil procedure - 1870 - 378 pages
...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 a complete...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... | |
 | Utah (Ter.) - Law - 1870 - 162 pages
...be done without prejudice to the rights of others, or by saving their rights; but when controversy, a complete determination of the controversy cannot...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... | |
 | New York (State), John Townshend - Civil procedure - 1870 - 896 pages
...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... | |
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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... 
