 | New York (State) - 1852 - 606 σελίδες
...plaintiff, if there be no answer, cannot ceed that which he shall have demanded iu his complaint ; ,t in any other case, the court may grant him any relief...made by the complaint, and embraced within the issue. The rule in equity was that no relief could be granted except for matter slated in bill. Crocket v.... | |
 | Nathan Howard (Jr.) - 1852 - 576 σελίδες
...the same section proceeds to enact that " in any other case, the court may grant him (the plaintiff) any relief consistent with the case made by the complaint and embraced within the issue." In all actions, therefore, which -are defended, it is of no consequence what is the demand for relief... | |
 | Nathan Howard (Jr.) - 1853 - 594 σελίδες
...thereof shall be stated. Section 275 enacts, " The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded...by the complaint, and embraced within the issue." In this case no answer appears to have been put in as yet, and of course, no issues formed. This motion... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 σελίδες
...judgment is proper. SEC. 147. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall. have demanded in his complaint;...made by the complaint, and embraced within the issue. SEC. 148. An action may be dismissed, or a judgment of nonsuit entered, in the following cases : 544... | |
 | Wisconsin - 1853 - 810 σελίδες
...which he shall have de I? "V^ji*0 manded in his complaint ; bat in any other case the' court eps " may grant him any relief consistent with the case...made by the complaint and embraced within the issue. SEC. 186. Whenever damages are recoverable, the plain- Rates of damtiff may claim and recover, if he... | |
 | New York (State) - 1855 - 802 σελίδες
...By the court, Harrison v. Wood, 2 Duer, 50. § 275. [231.] The relief to be awarded to the plaint!/. relief consistent with the case made by the complaint, and embraced within the issue. a. Where a complaint alleged a loan of money to the defendants to enable them to purchase land ; and... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 σελίδες
...jury, and that the court, although denymg the equitable relief demanded, had power to grant any other relief consistent with the case made by the complaint and embraced within the issues. id. 9. Held, therefore, that although the court at special term held the award to be binding... | |
 | Wisconsin - 1856 - 334 σελίδες
...he shall have de be awarded to manded in his complaint ; but in any other case the co"urt ep amUit may grant him any relief consistent with the case...made by the complaint and embraced within the issue. SEO. 186. Whenever damages are recoverable, the plain- Rates of damtiff may claim and recover, if he... | |
 | 1856 - 598 σελίδες
...correct. Under the Code the court may, if the defendant has answered the complaint, grant the plaintiff any relief consistent with the case made by the complaint and embraced within the issue. In case no answer has been put in, the relief granted cannot exceed that demanded in the complaint.... | |
 | William H. R. Wood - 1857 - 834 σελίδες
...proper. Акт. 882, Sec. 147. The relief granted to the plaintiff, if there be no answer, shall not Sec. 286. An order to set aside an indictment, as...prosecution for the same offense. Авт. 1573, Sec. 287. ART. 883, Sec. 148. An action may be dismissed or a judgment of nonsuit entered, in the following cases:... | |
| |
The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within... 
