 | William Wait - 1872 - 950 страници
...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,... | |
 | South Carolina - 1873 - 1164 страници
...it can be done without prejudice to the rights *nen not to 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 must cause them to be brought in. And when, in an action for the recovery of real or personal property,... | |
 | California - 1874 - 870 страници
...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... | |
 | California, Theodore Henry Hittell - 1876 - 986 страници
...before it, when it can be done without prejudice to the rights of others, or by saving their rights; but must then order them to be (a) The original section, instead of "death or any tï is to the action... | |
 | John Norton Pomeroy - 1876 - 908 страници
...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...had without the presence of other parties, the court must cause them to be brought in. " (2) [And] When in an action for the recovery of real or personal... | |
 | John Norton Pomeroy - 1876 - 924 страници
...in. The force and 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... | |
 | Montana - 1877 - 520 страници
...it, when it can lie 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. Power , of par ' SEC. 27. When, in a civil action, a person not... | |
 | Austin Abbott - 1877 - 600 страници
...Sections 118 and 122 of the Code are still in force. As, to use the exact language of the latter section, "a complete determination of the controversy cannot...had without the presence of other parties, the court must cause them to be brought in" (Code, section 122 ; People r. Law, 34 Barb. 494-509 ; SC, 22 How.... | |
 | 1877 - 510 страници
...the reason be stated in the complaint. In section 123 t is further provided, that " when acomplote determination of the controversy cannot be had' without the presence of other parties, the court must cause them to be brought iu " * * ; while by section 144 advantage can be taken by demurrer by... | |
 | North Carolina. Supreme Court - 1877 - 568 страници
...rights of others, or by saving their rights; but when, a COLOBOVE B. KOONCE. complete determiuation of the controversy cannot be had without the presence of other parties, the Court must causethem to be brought in. And when in an action for the recovery of real or personal property,... | |
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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... 
