 | John Townshend - 1867 - 298 σελίδες
...[231.] The relief to be awarded to the plaintiff. The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded...made by the complaint and embraced within the issue. § 276. [282.] Bate of damages where damages are recoverable. Whenever damages are recoverable, the... | |
 | New York (State). Court of Appeals - 1867 - 636 σελίδες
...law as it now exists, the Code providing that " the relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded...made by the complaint and embraced within the issue." (Code, § 275.) In the present case, the only relief that could have been granted "consistent with... | |
 | New York (State) - 1867 - 1086 σελίδες
...[231.] The relief to le awarded to the plaintiff. The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in aiiy other case, the court may grant him any relief consistent with the case made by the complaint,... | |
 | South Carolina - 1868 - 942 σελίδες
...relief to SEC. 299. The relief granted to the plaintiff, if there be no answer, canpfaintiirledt0 D0* exceed that which he shall have demanded in his complaint...made by the complaint and embraced within the issue. Rate of dam- SEC. 300. Whenever damages are recoverable, the plaintiff may claim !ifiuvihesetre an(^... | |
 | 1868 - 584 σελίδες
...but demurred. Section 275 of the Code says : " The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded...him any relief consistent with the case made by the complainant, and embraced within the issue." Suppose I should give judgment for the plaintiff on this... | |
 | California, Theodore Henry Hittell - 1868 - 410 σελίδες
...plaintiff, if there he no answer, shall not exceed that which he shall have demanded in his complaint; hnt in any other case, the court may grant him any relief consistent with the case made hy the complaint, and emhraced within the issue. [10 Cal. 299; 22 Cal, 633. 651; 27 Cal. 655; 29 Cal.... | |
 | Joel Tiffany, New York (State). Court of Appeals - 1868 - 802 σελίδες
...statute, providing that, where the Defendants appear and answer, the Court may grant the Plaintiff any relief consistent with the case made by the complaint, and embraced within the issue (Code, § 275), it is not error to allow the Plaintiff any judgment to which, upon the allegations... | |
 | Anthony L. Robertson - 1868 - 778 σελίδες
...in the manner provided by" it. (§ 468.) Every court has power, where an answer is put in, to grant relief consistent with the case made by the complaint, and embraced within the issue. (Id. § 275.) The court, in this action, had power, therefore, to admeasure and enforce the plaintiff's... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1868 - 672 σελίδες
...and render a judgment against the defendants for the full amount of the verdict, because the same was consistent with the case made by the complaint and embraced within the issue. (Code, § 275.) The decision in the action in favor of John W. Audubon and "Victor G. Audubon, tried... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 σελίδες
...amend the statement and judgment, as we have seen. It also had the power to graiit such relief as was consistent with the case made by the complaint, and embraced within the issue. A good cause of action is not destroyed by adding allegations of immaterial matter (Marquat v. Marquat,... | |
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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... 
