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... Laws of the Territory of Idaho - Стр. 80авторы: Idaho (Ter.) - 1864Полный просмотр - Подробнее о книге
| William Henry Malone - 1883 - Страниц: 824
...Chase, 21 Wis., 511 ; Sedw. & Wait, ? 488. In section 65, of the same code, it also provides : " AMcen a complete determination of the controversy cannot...had without the presence of other parties, the court must cause them to be brought in."* These sections 61 and 65 have undergone a judicial construction... | |
| 1918 - Страниц: 1228
...of the respective parties, to the waters of said stream, could not be adjudicated." ''The court muy determine any controversy between parties before it,...without the presence of other parties, the court shall cause them to be brought in." Section 41, L. О. Ь. The defendant's affidavits In support of his motion... | |
| 1918 - Страниц: 1212
...question, although aii subsequent lienholders are in court. This makes applicable section 41, LOL: "The court may determine any controversy between parties...controversy cannot be had without the presence of other piirties, the court shall cause them to be brought in." It Is true that in Wilson v. Tarter, 22 Or.... | |
| 1897 - Страниц: 1148
...a will, and that section provides as follows: "The court may determine any controversy between the parties before It, when it can be done without prejudice...determination of the controversy cannot be had without tho presence of other parties, the court must order them to be brought in." It Is contended that this... | |
| Iowa, Emlin McClain - 1884 - Страниц: 940
...not properly be joined as defendants in one action: Viele v. Germania Ins. Co., 2G-9, 45. SEC. 2551. The court may determine any controversy between parties...rights of others, or by saving their rights. But when a determination of the controversy between the parties before the court cannot be made without the presence... | |
| 1907 - Страниц: 1164
...necessary party to a complete determination or settlement of a question involved therein ; nnd that the court may determine any controversy between parties...the rights of others, or by saving their rights; but that, when a determination of the controversy cannot be had without the presence of other parties,... | |
| 1916 - Страниц: 1240
...justifying the procedure are sections 196 and 69 of the Code (Item. & Bal.). Section 196 provides: "The court may determine any controversy between parties...done without prejudice to the rights of others, or by savinff their rights; but when a complete determination of the controversy cannot be had without the... | |
| 1910 - Страниц: 1168
...suit on remittitur of the cause on appeal by supplemental bill, under Civ. Code, { 10, providing that, when a complete determination of the controversy cannot...presence of other parties, the court shall order them brought in. [Ed. Note. — For other cases, see Parties, Dec. Dig. S 51. *J 6. MONOPOLIES (| 21*)—... | |
| 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 - 1884 - Страниц: 680
...one " civil action " provided by that procedure, "The court may 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" (section 22, Code of 1852 ; section 272, RS 1881) ; and " The defendant may set forth in his answer... | |
| 1884 - Страниц: 938
...consideration, we have come to the opinion that the case falls within section 20 of the Code, requiring that "when a complete determination of the controversy...without the presence of other parties, the court shall cause them to be brought in." By an order to show cause, or by some other reasonable notice, .any party... | |
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