 | Henry Whittaker - 1863 - 1154 páginas
...277. This rule is, however, subject to this modification, ie, that where it appears that a complete determination of the controversy cannot be had without the presence of other parties, the court has the power, and it is its duty, under section 122, to order them to be brought in, even although... | |
 | Idaho - 1864 - 734 páginas
...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 shall order them to be brought in. TITLE II. PLACE OF TRIAL OF CIVIL ACTIONS. SEC. 18. Where subject... | |
 | Idaho (Ter.) - 1864 - 762 páginas
...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 shall order them to be brought in. TITLE II. PLACE OF TRIAL OF CIVIL ACTIONS. SEC. IS. Where subject... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1865 - 722 páginas
...civil procedure of courts," provides that " when a complete determination of the controversy can not be had without the presence of other parties, the court must cause them to be joined as proper parties." This should have been done by the plaintiff when he commenced his action.... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1866 - 716 páginas
...of others, or by saving their rights ;" but if a complete determination of the controversy can not be had without the presence of other parties, the court must cause them to be brought in. (Code, § 122.) The only authority the court possesses in this contingency is to "cause them" (the... | |
 | Montana (Ter.) - 1866 - 792 páginas
...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 shall order them to be brought in. In all suits now pending in any court of record, or which may hereafter... | |
 | John Townshend - 1867 - 298 páginas
...Court may determine controversy, &c. Interpleader. or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court mast cause them to be brought in. And when, in an action for the recovery of real or personal property,... | |
 | New York (State), Nathan Howard (Jr.) - 1867 - 966 páginas
...section 64 apply to the marine court. Section 121 of the Code, in terms, provides that, when a complete determination of the controversy cannot be had without the presence of other punies, the court mutt cause them to be brought in. It Beems to me that in this the marine court have... | |
 | New York (State) - 1869 - 1002 páginas
...determination oTteumicr* of the controversy cannot be had without tho presence of other par- {J^'yUJ" ties, the court must cause them to be brought in. And when, in an brought in. action for the recovery of real or personal property, a person not a party to the action,... | |
 | North Carolina. Supreme Court - 1876 - 886 páginas
...This would entitle the plaintiff to his judgment here ; but then, it is apparent that " a complete determination of the controversy cannot be had without the presence of other par ties;"' for, if the plaintiff recover, the representative of the deceased payee of the note may... | |
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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... 
