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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... "
Laws of the State of New York Passed at the Sessions of the Legislature - Σελίδα 538
των New York (State). Legislature - 1848
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

The Code of Procedure of the State of New York, as Amended to 1867: With the ...

John Townshend - 1867 - 292 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...

Reports of Cases Argued and Determined in the Court of Appeals of ..., Τόμος 1

New York (State). Court of Appeals - 1867
...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...

The Code of Procedure of the State of New York, as Amended to 1866, with ...

New York (State) - 1867 - 1063 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,...

The Constitution of South Carolina: Adopted April 16, 1868, and the Acts and ...

South Carolina - 1868
...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(^...

Reports of Practice Cases, Determined in the Courts of the State ..., Τόμος 11

1868
...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...

The Civil Practice Act of the State of California

California, Theodore Henry Hittell - 1868 - 393 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....

Transcript Appeals: The File of Opinions in Cases Argued Before ..., Τόμοι 5-6

New York (State). Court of Appeals, Joel Tiffany - 1868
...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...

Reports of Cases Argued and Determined in the Superior Court of the City of ...

Anthony L. Robertson, New York (State). Superior Court (New York) - 1868
...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...

Reports of Cases Decided in the Court of Appeals of the State of ..., Τόμος 27

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
...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...

Transcript Appeals: The File of Opinions in Cases Argued Before ..., Τόμοι 3-4

New York (State). Court of Appeals, Joel Tiffany - 1868
...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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