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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... "
Acts Passed at the ... Session of the General Assembly for the Commonwealth ... - Seite 117
von Kentucky - 1851
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Reports of Cases Decided in the Court of Chancery of the State of ..., Band 21

New Jersey. Court of Chancery - 1871 - 652 Seiten
...then he is to be made defendant. Section 122, that the court may determine any controversy between the parties before it, when it can be done without prejudice to the- rights of others, or saving their rights ; but when that cannot be done the court shall order them brought in. And section...
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Reports of Cases at Law and in Equity Argued and Determined in the ..., Band 49

Arkansas. Supreme Court - 1888 - 666 Seiten
...PARTIES: Construction of statute. , *By the statute (Mansf. Dig., sees, 4q45, 4946I , which provides 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...
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The Code of Civil Procedure of the State of New York: Reported ..., Band 2

New York (State). - 1850 - 920 Seiten
...the person to whom the transfer is made to be substituted in the action. Amended Code,§ 121. § 613. The court may determine any controversy between parties...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...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Band 14;Band 45

1851 - 520 Seiten
...court may allow the person to whom the transfer is made to be substituted in the action. " S. 122. The court may determine any controversy between parties...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...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Band 1

California. Supreme Court - 1851 - 672 Seiten
...difficulty. Thus it is declared in section 17, that "the " court may determine any controversy between the parties "before it, when it can be done without prejudice...of others, or by saving their rights ; but when a complete de" termination of the controversy cannot be had without the pre" sence of other parties,...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 Seiten
...(Amended.) — Court may determine controversy, fyc. — The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, er by saving their rights, but when a complete determination of the controversy cannot be had without...
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Laws of the State of New York, Band 2

New York (State) - 1851 - 1408 Seiten
...controversy between %^loie_ the parties before if, when it can be done without prejudice to trovcmy, ot the rights of others, or by saving their rights, but when a com- (U^VEe" plete determination of the controversy cannot be had without the presence of other parties,...
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Practice Reports in the Supreme Court and Court of Appeals, Band 5

Nathan Howard (Jr.) - 1851 - 530 Seiten
...demurrer for defect of parties is well taken or not. If the court can determine the controversy before it without prejudice to the rights of others; or by saving their rights, then a demurrer for nonjoinder of such parties is not well taken. If on the contrary a complete determination...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 Seiten
...demurrer for defect of parlies is well taken. 74. If the court can determine the controversy before it, without prejudice to the rights of others, or by saving their rights, then a demurrer for nonjoinder of such parties is not well taken. If on the contrary a complete determination...
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A Treatise on the Practice of the Courts of the State of California ...

Jesse B. Hart - 1853 - 334 Seiten
...successor in interest to defend in place of the original party.(i) AS TO MAKING NEW PARTIES BY THE COURT. The court may determine any controversy between parties...rights of others, or by saving their rights ; but in case a full and complete judgment of the court cannot be pronounced in the action without the presence...
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