| 1912 - 1298 páginas
...demurrer was overruled and defendant appeals. [1] The Code of Civil Procedure (section 452) provides that: "The court may determine the controversy as between...parties, the court must direct them to be brought lu." [Z] It is a general rule in equity that all persons interested in the subject-matter of an action... | |
| 1903 - 1338 páginas
...of the Laws of 1901, been amended so that it now reads: "Tbe court may determine the controversy, ns between the parties before It, where It can do so...court must direct them to be brought In. And where n person not a party to the action, has an interest in the subject thereof, or in real property, the... | |
| 1890 - 1110 páginas
...plaintiff or defendant; and the question must be determined by section 452 of the Code, which provides that "where a complete determination of the controversy...parties, the court must direct them to be brought in." The controversy to be determined in this action is the settlement of the attorney's accounts. Before... | |
| 1906 - 1408 páginas
...26, 1906.) REPLEVIN— PARTIES— RIGHT TO INTERVENE. Under Code Civ. Proc. § 452, providing that the court may determine the controversy as between...before it where it can do so without prejudice to the right of others, but, where a complete determination thereof cannot be had without the presence of... | |
| 1905 - 1164 páginas
...without reference to the rights of others or by saving their rights, but, where a complete determination cannot be had without the presence of other parties, the court must direct them to be brought In. Held, that such section as to bringing in additional parties applies to equitable actions only, and... | |
| New York (State), Charles David Rust - 1889 - 864 páginas
...designation as an unknown person ; and that all subsequent proceedings be taken under the true name. jj 452. The court may determine the controversy, as between...complete determination of the controversy cannot be bud without the presence of other parties, the court must direct them to be brought in. And where a... | |
| 1889 - 988 páginas
...that case the corporation must be made a party defendant. Code Civil f"roc. NY § 452, providing that the court may determine the controversy, as between...to the rights of others, or by saving their rights, does not apply to such an action. Nor does section 1782, allowing a creditor, trustee, director, manager,... | |
| 1890 - 1124 páginas
...supply any defect which may be found in the action in this respect. It has been there declared that where a complete determination of the controversy...parties the court must direct them to be brought in. But as no vested rights have been acquired there would seem to be no ground for this objection. The... | |
| New York (State) - 1890 - 1656 páginas
...Abb. 318. n. g 452. When court to decide controversy, or to order other parties to be brought in. — The court may determine the controversy, as between...before it, where it can do so without prejudice to tho rights of others, or by saving their rights ; but where a complete determination of the controversy... | |
| Charles Patrick Daly - 1891 - 622 páginas
...general superintendence of its concerns." Nor does the provision of section 4.52 of the Code that " the court may determine the controversy, as between...the rights of others, or by saving their rights," apply to such an action, brought by a stockholder, in which the corporation is not made a party. Stromeyer... | |
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