 | Statutes - 1870 - 288 pages
...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 - Equity - 1871 - 670 pages
...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 - Civil procedure - 1871 - 1034 pages
...the complaint dismissed, no other relief can be granted, on appeal. Garvey v. Jarvis, 54 Barb. 179. " When a complete determination of the controversy cannot be had, without the presence of other parties," is, where there are persons, not parties, whose rights must be ascertained and settled, before the... | |
 | California - Civil procedure - 1872 - 892 pages
...between parties before it. when it can be done troversy or " oth'oMiar- without prejudice to the rights of others, or by saving ",,, their rights; but when...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,... | |
 | California - Civil procedure - 1872 - 774 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...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 - Civil procedure - 1872 - 886 pages
...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 - Civil procedure - 1872 - 950 pages
...rights, then a demurrer for non-joinder of such parties is not well taken. But if, on the Other hand, a complete determination of the controversy cannot be had without the presence of other parties, then the demurrer is well taken. Wallace v. Eaton, 5 How. 99; SC, 3 Code K. 161. See Janes v. Fetch,... | |
 | California - Civil procedure - 1874 - 870 pages
...McKee, 5 Cal., p. 510. 4. ORDER TO BRING IJT OTHER PARTIES. — Where it turns out upon the trial Unit a complete determination of the controversy cannot...had without the presence of other parties, the Court should, of its own motion, order them to be brought in before a final disposition of the case.— Setterabre... | |
 | William Wait - Civil procedure - 1874 - 910 pages
...imperative duty of the court to cause the proper parties to be brought in whenever it appears that a complete determination of the controversy cannot be had without the presence of such other parties. Shaver VOL. III. — 20 Proceedings where defect of parties — Of plaintiffs —... | |
 | New York (State) - Court rules - 1875 - 498 pages
...of others, or hy saving their rights, hut when a complete determination of the controversy cannot 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... | |
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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... 
