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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... "
The New York Supplement - Seite 389
1890
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Band 22

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1857 - 722 Seiten
...first time on appeal. (McMahon v. MoMakon, 18 Alabama R. 576.) II. " When a complete determination cannot be had without the presence of other parties, the court must cause them to be brought in." (Code. § 122. Davis $• Palmer v. The Mayor fyc. of New York, 2 Duer,...
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A Digest of New York Statutes and Reports: From the Earliest Period ..., Band 4

Benjamin Vaughan Abbott, Austin Abbott - 1864 - 810 Seiten
...rights of others, or by saving their rights ; but when a complete determination of the controveftey 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,...
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The Code of Civil Procedure of the State of New York: Enacted 1876 and ...

New York (State), William Wait - 1877 - 662 Seiten
...where a complete versy. or determination of the controversy cannot be had without the presence "ther of other parties, the court must direct them to be brought in. And »« be where a person, not a party to the action, has an interest in the sub- inject thereof,...
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A Treatise on the Law of Mortgages of Real Property, Band 2

Leonard Augustus Jones - 1879 - 844 Seiten
...provided that when a complete determination of the controversy between the parties before the court cannot be had without the presence of other parties, the court must cause them to be brought in. A person having an interest in the subject of the suit, and not a party...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 Seiten
...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...parties, the court must direct them to be brought in. And where a person, not a party to the action, has an interest in the subject thereof, or in real property,...
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The Pacific Reporter, Band 16

1888 - 1022 Seiten
...IN INTEREST. Code Civil Proc. Cal. § 3SO, provides that when a complete determination of the cause cannot be had without the presence of other parties, the court must order them to be brought in. In an action to declare a resulting; trust as to stock in a corporation...
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The Northeastern Reporter, Band 65

1903 - 1174 Seiten
...of the deceased, under Code Civ. Proc. § 452, providing that, where a complete determination of a controversy cannot be had without the presence of...parties, the court must direct them to be brought in, but not for the benefit of the defendant, since Code Civ. Proe. § 400. provides that defendant is deemed...
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Documents of the Assembly of the State of New York, Band 108,Ausgabe 5

New York (State). Legislature. Assembly - 1885 - 1318 Seiten
...determine the controversy as between the parties before it, and that where a complete determination of such controversy cannot be had without the presence of other parties, the court must direct them to be brougbt in. The word used in this section is not " action," but " controversy," and it necessarily...
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The New York Code of Civil Procedure: As Amended To, and Including 1887 ...

1887 - 814 Seiten
...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...parties, the court must direct them to be brought in. And where a person, not a party to the action, has an interest in the subject thereof, or in real property,...
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A Digest of the Decisions of the Supreme Court of Iowa from Its ..., Band 2

Emlin McClain - 1887 - 1102 Seiten
...(Code, fî 2551) that when a determination of the controversy between the parties before the court cannot be had without the presence of other parties the court must order them brought in, is especially applicable where the debtor is under an apparent liability to...
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