 | New Jersey. Court of Chancery - 1871 - 652 страници
...defence set up was want Chow i'. 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). Commissioners on Practice and Pleadings - 1848 - 904 страници
...as well. We have had no hesitation in providing therefore, as we have done by section 102, that when a complete determination of the controversy cannot be had without the presence of parties not at first brought before the court, the court may direct them to be made parties. Having... | |
 | New York (State). - 1850 - 920 страници
...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...without the presence of other parties, the court must order them to be brought in. And when, in an action for the recovery of real or personal property,... | |
 | 1851 - 520 страници
...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...had without the presence of other parties, the court shall order them to be brought in." We consider these sections clearly drawn, and calculated to meet... | |
 | New York (State) - 1851 - 1408 страници
...prejudice to trovcmy, ot the rights of others, or by saving their rights, but when a com- (U^VEe" plete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in. And when, in an action for the recovery of real or personal property,... | |
 | New York (State). - 1851 - 266 страници
...without prejudice <otrover«y,or lo order the rights of others, or by saving their rights, but when plete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in. And when, in an action for the recovery of real or personal property,... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 страници
...their rights, then a demurrer for nonjoinder of such parties is not well taken. If on the contrary a complete determination of the controversy cannot be had without the presence of other parties, then the demurrer is well taken, and the court should order (hem to be brought in by amendments of... | |
 | Nathan Howard (Jr.) - 1853 - 594 страници
...pretends to deny but that the plaintiff's wife possesses an inchoate right of dower in said premises. When a complete determination of the controversy cannot...without the presence of other parties, the court must cause them to be brought in. (Code, § 122.) It is laid down as a general principle, that in equity... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 страници
...done without prejudice to the rights of controversy, etc. others, or by saving their rights ; but when a complete determination of the controversy cannot...had without the presence of other parties, the court shall order them to be brought in. TITLE II. OF THE PLACE OF TRIAL OE CIVIL ACTIONS. SECTION 18. Actions... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 страници
...justly be disregarded by the court, and it was to meet such cases that the Code provided (§ 122) that " where a complete determination of the controversy...without the presence of other parties, the court must cause them to be brought in." If, therefore, in his judgment, there could not be a complete determination... | |
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The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence... 
