 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...  The New York Supplement - Page 3891890Full view - About this book
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 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,... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 810 pages
...rights of others, or by saving their rights ; but when a complete determination of the controveftey cannot be 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,... | |
 | New York (State), William Wait - 1877 - 662 pages
...where a complete versy. or determination of the controversy cannot be had without the presence "ther of other parties, the court must direct them to be brought in. And »« be where a person, not a party to the action, has an interest in the sub- inject thereof,... | |
 | Leonard Augustus Jones - 1879 - 844 pages
...provided that when a complete determination of the controversy between the parties before the court cannot be had without the presence of other parties, the court must cause them to be brought in. A person having an interest in the subject of the suit, and not a party... | |
 | New York (State) - 1881 - 1532 pages
...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...parties, the court must direct them to be brought in. And where a person, not a party to the action, has an interest in the subject thereof, or in real property,... | |
 | 1888 - 1022 pages
...IN INTEREST. Code Civil Proc. Cal. § 3SO, provides that when a complete determination of the cause cannot be had without the presence of other parties, the court must order them to be brought in. In an action to declare a resulting; trust as to stock in a corporation... | |
 | 1903 - 1174 pages
...of the deceased, under Code Civ. Proc. § 452, providing that, where a complete determination of a controversy cannot be had without the presence of...parties, the court must direct them to be brought in, but not for the benefit of the defendant, since Code Civ. Proe. § 400. provides that defendant is deemed... | |
 | New York (State). Legislature. Assembly - 1885 - 1318 pages
...determine the controversy as between the parties before it, and that where a complete determination of such controversy cannot be had without the presence of other parties, the court must direct them to be brougbt in. The word used in this section is not " action," but " controversy," and it necessarily... | |
 | 1887 - 814 pages
...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...parties, the court must direct them to be brought in. And where a person, not a party to the action, has an interest in the subject thereof, or in real property,... | |
 | Emlin McClain - 1887 - 1102 pages
...(Code, fî 2551) that when a determination of the controversy between the parties before the court cannot be had without the presence of other parties the court must order them brought in, is especially applicable where the debtor is under an apparent liability to... | |
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