 | South Carolina - Constitutions, State - 1873 - 1164 pages
...granting of the order. SEC. 145. The Court niav determine any controversy between the . of exiting parties before it, when it can be done without prejudice to the rights *nen not to of others, or by saving their rights; but when a complete determination of the controversy... | |
 | Ohio, George E. Seney - Civil procedure - 1874 - 896 pages
...whose favor it issued. Craig v. Fox, 16 Ohio, 563. BBC. 40. GENERAL RULE AS TO WHO MUST BE PARTIES. The court may determine any controversy between parties...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 must... | |
 | William Wait - Civil procedure - 1874 - 910 pages
...commenced, or even completed. While the Code authorizes the court to determine any controversy between the parties before it, when it can be done without prejudice...to the rights of others, or by saving their rights, it also provides that, when a complete determination of the controversy cannot be had without the presence... | |
 | California - Civil procedure - 1874 - 870 pages
...McKee, 5 Cal., p. 510. 4. ORDER TO BRING IJT OTHER PARTIES. — Where it turns out upon the trial Unit a complete determination of the controversy cannot...had without the presence of other parties, the Court should, of its own motion, order them to be brought in before a final disposition of the case.— Setterabre... | |
 | Thomas Foster Withrow, Edward Holcomb Stiles - Law reports, digests, etc - 1875 - 724 pages
...more of several pel-sons jointly bound, shall not be u bar to proceedings against theothers. SEC 2785. The court may determine any controversy between parties before It when It can be done witliout prejudice to the rights of others, or by saving their rights. But when a determination of... | |
 | California, Theodore Henry Hittell - Law - 1876 - 986 pages
...liability. 10.389. Court, when to decide controversy or to order other parties to be brought in. SEC. 389. erty, how taken when concealed in building or inclosure....concealed in a building or inclosure, the sheriff then order them to be (a) The original section, instead of "death or any tï is to the action or proceeding,"... | |
 | John Norton Pomeroy - Actions and defenses - 1876 - 908 pages
...proceedings against the others.'' 1 § 119. " (1) The court may determine any controversy between the parties before it when it can be done without prejudice...without the presence of other parties, the court must cause them to be brought in. " (2) [And] When in an action for the recovery of real or personal property,... | |
 | Wyoming - Dakota Indians - 1876 - 882 pages
...pur" 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 must order them to be brought in. Any person SEC. 37. When an action is for the recovery of real or personal '"rwt^íny'be pi'<'lK'rt.v'... | |
 | John Norton Pomeroy - Actions and defenses - 1876 - 924 pages
...Determination of the Controversy. The issues between the original "parties are to be determined, if that can be done without prejudice to the rights of others, or by saving the rights of others ; if this be possible, the cause should be adjudicated as it was presented for... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1921 - 712 pages
...provides : "The court may determine any controversy between parties before Appeal from Third District it, when it can be done without prejudice to the rights...a complete determination of the controversy cannot oe had without the presence of other parties, the court must then order them to be brought in." (Italics... | |
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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... 
