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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... "
The Law Magazine: Or, Quarterly Review of Jurisprudence - Page 4
1851
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Laws of the Territory of Idaho

Idaho (Ter.) - 1881 - 588 pages
...controversy vcray C o?°to t o£ between parties before it, when it can be done without iierotiiorpar- prejudice to the rights of others, or by saving their...determination of the controversy cannot be had without presence of other parties or not, the associates may bo sued by such common name, the summons in such...
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The Compiled Statutes of the State of Nebraska: Comprising All Laws of a ...

Nebraska, Guy Ashton Brown - 1881 - 838 pages
...necessary to determine controversy.] —The court may determine' any controversy between parties befoi-e it, when it can be done without prejudice to the rights of others, or by saying their rights ; but when a determination of the controversy cannot be had without the presence...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 pages
...in. — The court may determine the controversy, as between the parties before it, 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 be had without the presence of other parties,...
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Laws of the State of Wisconsin, Volume 1

Wisconsin - 1883 - 480 pages
...court may determine anv coninc to cml ac- , , ,i x- ij? -, ,' -L tions amended, troversy between the parties before it, when it can be done without prejudice...cannot be had without the presence of other parties, or any persons not parties to the action have such interests in the subject matter of the controversy...
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Reports of Cases Argued and Determined in the Supreme Court ..., Volumes 61-62

Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1916 - 756 pages
...the plaintiffs in error a party was proper; for section 4896 of the Revised Laws of 1910 provides : "The court may determine any controversy between parties before it, when it can he done without prejudice to the rights of others, or by saving their rights ; but when a determination...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 69

1926 - 962 pages
...Actions." No one of those sections gives us much light until we come to section 389. That section provides: "The court may determine any controversy between parties...had without the presence of other parties, the court must then order them to be brought in, and to that end may order amended and supplemental pleadings...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 16

1912 - 980 pages
...claiming, or seeking to enforce, a lien therefor. 3. Section 389, Code of Civil Procedure, provides that, "when a complete determination of the controversy...had without the presence of other parties, the court must then order them to be brought in, and to that end may order amended and supplemental pleadings,...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 66

1925 - 948 pages
...order constitutes no bar, and if, at any time prior to judgment, it is made to appear to the court that a complete determination of the controversy cannot be had without the presence of such party, we can conceive of no good reason why the court may not make such orders as will have the...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 10

1910 - 838 pages
...power of the court to determine the controversy before it without bringing in new parties, "when this can be done without prejudice to the rights of others, or by a saving of their rights." APPEAL from a judgment of the Superior Court of Los Angeles County. George...
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The Code of Civil Procedure and the Probate Code of the Territory ..., Volume 1

Guam, John A. Bohn - 1970 - 466 pages
...been sued upon their joint liability. [Enacted 1953.] § 389. Court may order amended pleadings, when. The court may determine any controversy between parties...had without the presence of other parties, the court must then order them to be brought in, and to that end may order amended and supplemental pleadings,...
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