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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... "
Laws of the Territory of Idaho - Page 80
by Idaho (Ter.) - 1864
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The American Decisions: Containing All the Cases of General Value ..., Volume 67

1886 - 864 pages
...173). By the first of these sections the court is authorized to "determine any controversy between the parties before it, when it can be done without prejudice...their rights; but when a complete determination of tho controversy cannot be had without the presence of other parties, the court must causa them to be...
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A Treatise on the Law of Attachment and Garnishment: With an ..., Volume 2

William Pratt Wade - 1886 - 818 pages
...123, declares ' the Court may determine any controversy between tho parties before it, whei it can bo done without prejudice to the rights of others, or...determination of the controversy cannot be had without tho presence of other parties, the Court must cause them to be brought in.' It further declares, '...
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Annotated Ohio Code of Civil Procedure

Ohio, William Henry Whittaker - 1887 - 688 pages
...for him. [51 v. 57, § 39 ; S. & Q 958.] ? 5013. When proper parties are not all before the court. The court may determine any controversy between parties...rights of others, or by saving their rights; but when a determination of the controversy can not be had without the presence of other parties, the court may...
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The South Western Reporter, Volume 4

1887 - 1070 pages
...only question is, ought the court to have made Smith a party? The statutes of this state provide that "the court may determine any controversy between parties...be done without prejudice to the rights of others," and that "where, in an action for the recovery of real or personal property, any person having an interest...
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The New York Code of Civil Procedure: As Amended To, and Including 1887 ...

1887 - 814 pages
...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...had without the presence of other parties, the court must direct them to be brought in. And where a person, not a party to the action, has an interest in...
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The Insurance Law Journal: Reports of All Decisions ..., Volume 23; Volume 43

1914 - 918 pages
...with whom or in whose name a contract is made for the benefit of another." Pierce's Code 1912, 81—9. "The court may determine any controversy between parties...without the presence of other parties, the court shall cause them to be brought in." Pierce's Code 1912, tit. 81—41. "The defendant may set forth by answer...
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The Insurance Law Journal: Reports of All Decisions ..., Volume 34; Volume 54

1919 - 710 pages
...should have, joined several defendants in one action. Then, again, Comp. Laws 1917, § 6519, provides : "The court may determine any controversy between parties...the rights of others, or by saving their rights; but n'hen ii complete determination of the controversy cannot be had without the presence of other parties,...
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Clevenger's Practice Manual of New York

1927 - 2176 pages
...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...had without the presence of other parties the court must direct them to be brought in. 2. Where any party to an action shows that some third person, not...
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The Southeastern Reporter, Volume 21

1895 - 1070 pages
...the case. Section 143 of the Code provides that the court may determine any controversy between the parties before it when it can be done without prejudice...had without the presence of other parties, the court must cause them to be brought in. It appears In the proceedings herein that the United States is an...
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The Southeastern Reporter, Volume 29

1898 - 1068 pages
...controversy between the parties before It, when it can be done without prejudice to the rights of others; but when a complete determination of the controversy...had without the presence of other parties, the court must cause them to be brought in." (Italics ours.) In the case of Miller v. Bank, supra, the court...
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