 | South Carolina - Constitutions, State - 1873 - 1164 pages
...without prejudice to the rights *nen not to of others, or by saving their rights; but when a complete determination of the controversy cannot be had without...not a party to the action, but having an interest iu the subject thereof makes application to the Court to be made a party, it may order him t> be brought... | |
 | William Wait - Civil procedure - 1874 - 910 pages
...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...them to be brought in. And when, in an action for real or personal property, a person not a party to the action, bat having an interest in the subject... | |
 | California - Civil procedure - 1874 - 870 pages
...p. 510. 4. ORDER TO BRING IJT OTHER PARTIES. — Where it turns out upon the trial Unit a complete determination of the controversy cannot be 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... | |
 | Ohio, George E. Seney - Civil procedure - 1874 - 896 pages
...See notes to section 35. SEC. 41. IN ACTION TO RECOVER REAL OR PERSONAL PROPERTY WHO MAY BE PARTIES. 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... | |
 | 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... | |
 | John Norton Pomeroy - Actions and defenses - 1876 - 908 pages
...be done without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without...And when in an action for the recovery of real or j>ersonal property a person not a party to the action, but having an interest in the subject thereof,... | |
 | California - Civil procedure - 1876 - 888 pages
...determination of the controversy cannot be had 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, aperson not a party to the action, but having an interest in the subject thereof, makes application... | |
 | California, Theodore Henry Hittell - Law - 1876 - 986 pages
...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, the court must then order them to be (a) The original section, instead of "death or any tï is to the action or proceeding,"... | |
 | New York (State). - Civil procedure - 1876 - 498 pages
...by saving their rights, bnt when a complete determInation of the controversy caunot be had withont the presence of other parties, the court must cause them to be brought in. And wheu, in an action for the recovery of real or personal property, a person, not a party to the action... | |
 | John Norton Pomeroy - Actions and defenses - 1876 - 924 pages
...effect of the whole provision depend upon the interpretation given to the clause, " when a complete determination of the controversy cannot be had without the presence of other parties." To use the language of an eminent judge which has been repeatedly approved by other courts in different... | |
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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... 
