| Nathan Howard (Jr.) - Civil procedure - 1856 - 626 pages
...requiring him to pay all the cost to the present time, and opening the entire defence. It is urged that a complete determination of the controversy cannot be had without the presence of the executor of John Harrison. Why not? The judgment of this court will be entirely effectual to settle... | |
| District of Columbia - Law - 1857 - 788 pages
...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...had without the presence of other parties, the court shall cause them to be joined as proper parties. SEC. 18. When, in an action for the recovery of real... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1857 - 722 pages
...first time on appeal. (McMahon v. MoMakon, 18 Alabama R. 576.) II. " When a complete determination cannot be had without the presence of other parties, the court must cause them to be brought in." (Code. § 122. Davis $• Palmer v. The Mayor fyc. of New York, 2 Duer, 663.) Story says: " It is the... | |
| California, Henry Jacob Labatt - Civil procedure - 1858 - 586 pages
...court to continue an action under this section is always necessary. Johiaan v. Williams, 2 Abbott, 229. or by saving their rights ; but when a complete determination...had without the presence of other parties, the court shall order them to be brought in. 1. A court of equity will not permit litigation by piece-meal. The... | |
| Kansas - Session laws - 1859 - 728 pages
...when it can be done without prejudice to the rights of others, or by saving their rights ; but when a determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in. ivrson. interested SEC. 48. When, in an action for the recovery of real... | |
| California - Civil procedure - 1860 - 388 pages
...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...had without the presence of other parties, the court shall order them to be brought in. matter and all the parties should be before it, and their respective... | |
| Oliver Lorenzo Barbour - Law reports, digests, etc - 1860 - 716 pages
...any controversy between the 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 Shaver v. Brainard. cannot be had without the presence of other parties, the court must cause them... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1861 - 700 pages
...any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete...of other parties, the Court must cause them to be joined as proper parties." We have seen that Lent was an indispensable party, in whose absence a complete... | |
| Wisconsin - Session laws - 1861 - 390 pages
...to actions party to the action or by the answer, properly verified, of any party to the action, that a complete determination of the controversy cannot be had without the presence of other parties, or that any person, not a party to the action, is interested in the subject rnat.ter of the controversy,... | |
| Wisconsin - Session laws - 1861 - 394 pages
...to actiom party to the action or by the answer, properly verified, of any party to the action, that a complete determination of the controversy cannot be had without the presence of other parties, or that any person, not a party to the action, is interested in the subject matter of the controversy,... | |
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