 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...  Laws of the State of New York - Page 81by New York (State) - 1851Full view - About this book
 | New Jersey. Court of Chancery - 1871 - 652 pages
...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 pages
...apply to these courts. § 9. Section 102 is amended, so as to read as follows: § 102. When a complete determination of the controversy cannot be had, without the presence of other parties, the court may order them to be brought in, by an amendment of the complaint, or by a supplemental •complaint^... | |
 | New York (State). - 1850 - 920 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 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 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 shall order them to be brought in." We consider these sections clearly drawn, and calculated to meet... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 pages
...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 pages
...but that the plaintiff's wife possesses an inchoate right of dower in said premises. When a complete determination of the controversy cannot be had without...parties, the court must cause them to be brought in. (Code, § 122.) It is laid down as a general principle, that in equity suits every person who is at... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...prejudice to the rights of controversy, etc. 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. OF THE PLACE OF TRIAL OE CIVIL ACTIONS. SECTION 18. Actions... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 pages
...by the court, and it was to meet such cases that the Code provided (§ 122) that " where a complete determination of the controversy cannot be had without...parties, the court must cause them to be brought in." If, therefore, in his judgment, there could not be a complete determination of the present controversy,... | |
 | Wisconsin - 1856 - 334 pages
...controversy brought in. cannot be had without the presence of other parties, the court shall order them to be brought in ; and when in an action for...the recovery of real or personal property, a person, noif a p-'rty to the action, but having an interest in the subject thereof, makes application to the... | |
 | Nathan Howard (Jr.) - 1856 - 626 pages
...this protection to the defendant is not what is meant by the case suggested, viz., "when a complete determination of the controversy cannot be had without the presence of other parlies." That case is, I think, where there are persons not parties whose rights must be ascertained... | |
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