 | 1867 - 588 pages
...The defendant who has not appeared or Goodyear v. Brooks. served, is not before the court. * * * * A complete determination of the controversy cannot be had without the presence of the third defendant ; service of summons upon him, or his appearance in the action, is indispensable"... | |
 | South Carolina - 1868 - 942 pages
...granting of the order. SEC. 145. The Court may determine any controversy between the par<ictHrnrineaa t'08 before it, when it can be done without prejudice to the rights of controversy, -others, or by saving their rights ; but when a complete determination of *°' the controversy... | |
 | North Carolina. Supreme Court - 1876 - 886 pages
...CCP, sec. 343. 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... | |
 | Charles W. Langdon - 1870 - 858 pages
...person to whom the transfer is made to be substituted in the action. Gen. Laws, 4955, 5464. SEC. 51. The court may determine any controversy between parties...parties, the court shall order them to be brought in. Gen. Laws, 4956, 5464. SEC. 52. Parties in justices' courts may prosecute or defend in person or by... | |
 | Wyoming - 1870 - 808 pages
...proceed thereafter in the same manner as in cases where the cause of action now survives by law. SEC. 45. The court may determine any controversy between parties...parties, the court shall order them to be brought in, and thereupon the party directed by the court shall serve a copy of the summons in the action, and... | |
 | 1870 - 378 pages
...them to be brought in. § 128. (As am'd in 1851.) 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. And when, in an action for the recovery of real or personal property,... | |
 | Utah (Ter.) - 1870 - 162 pages
...proceed thereafter in the same manner as in cases where the cause of action now survives by law. SEC. 17. The Court may determine any controversy between parties...rights of others, or by saving their rights; but when controversy, a complete determination of the controversy cannot be had without the presence of other... | |
 | New York (State), John Townshend - 1870 - 896 pages
...may direct ; and the court may, in its discretion, make the order. a. Sulid. 1. — By the phrase " when a complete determination of the controversy cannot be had without the presence of other parties," is meant that there are persons not parties, whose rights must be ascertained and settled before the... | |
 | New Jersey. Court of Chancery - 1871 - 670 pages
...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... | |
 | New York (State), William Wait - 1871 - 1034 pages
...Wallace v. Eaton, 5 How. 99 ; SC 3 Code R. 161. If the court cannot determine the controversy before it, without prejudice to the rights of others, or by saving their rights, then a demurrer for a non-joinder is well taken. Id. VI. UNDER SUBDIVISION 5. а. Waiver. — Where... | |
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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... 
