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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 536
των New York (State). Legislature - 1848
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North Carolina Reports: Cases Argued and Determined in the Supreme ..., Τόμος 79

North Carolina. Supreme Court - 1878
...material allegation being numbered. CC P. § 93 (2). The judgment where tliere is an answer may be for any relief consistent with the case made by the complaint and embraced within the issue. § 219. It is the apparent purpose of the new system, while simplifying the method of procedure, to...

Acts, Resolutions and Memorials Passed at the Annual Sessions of the ...

Utah (Ter.) - 1870
...judgment is proper. SEC. 149. 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. 150. An action may be dismissed, or a judgment of nonsuit entered in the following cases: First...

Reports of Practice Cases, Determined in the Courts of the State of ..., Τόμος 7

Austin Abbott - 1870
...Section 275 of the Code, — which provides that "the relief granted to a plaintiff, if there be no answer, cannot exceed that which he shall have demanded...with the case made by the complaint, and embraced with the issue, — relieves a plaintiff from any technical objection that he has not prayed for the...

The Code of Procedure of the State of New York, 1870: With Art. VI of the ...

1870 - 281 σελίδες
...plaintiff, if there he no answer, caunot exceed that which he shall have demanded in his complaint; hut in any other case, the court may grant him any relief consistent with the case made hy the complaint and emhraced within the issue. g 270. Whenever damages are recoverahle, the plaintiff...

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

Abraham Lansing, New York (State). Supreme Court - 1870
...case, that is, in all cases where the defendant puts in an answer, the court may grant the plaintiff any relief consistent with the case made by the complaint, and embraced within the issue. (§ 275.) Whenever damages are recoverable, the plaintiff may claim and recover, if he shoios himself...

Practice Reports in the Supreme Court and Court of Appeals, Τόμος 38

Nathan Howard (Jr.), New York (State). Supreme Court - 1870
...the defendant answers, then the form of the demand is quite unimportant, as the court may then grant any relief consistent with the case made by the complaint, and embraced within the issue. This is not the case of two actions improperly joined in the complaint, but a case where the facts...

North Carolina Reports: Cases Argued and Determined in the Supreme ..., Τόμος 64

North Carolina. Supreme Court - 1870
...plaintiff and defendant were tenants in common of the articles : //./•/, that the Court could give no "relief consistent with the case made by the complaint, and embraced within the issue." Powell v. Hiil, 169. 2. A tenant in common cannot maintain an action against a co-tenant to recover...

The Code of Procedure of the State of New York, as Amended to 1870: With ...

New York (State), John Townshend - 1870 - 861 σελίδες
...The relief to be awarded to the plaintiff". (1.) The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint ; but, (2.) In any other case, the court may grant him any relief consistent with the case made by the complaint,...

Senate Documents, Otherwise Publ. as Public Documents and Executive ..., Τόμος 1

United States. Congress. Senate - 1871
...proper. ">i The relief granted to the plaintiff, if there be no answer, shall not exceed that whii'h he shall have demanded in his complaint; but, in any other case the court may grunt htm any relief consistent with the caso made by the complaint, and embraced within the issue....

Reports of Decisions of the Supreme Court of the State of Nevada, Τόμος 6

Nevada. Supreme Court - 1871
...granted relief to the extent of the damage claimed in the complaint, and upon trial the Court could grant any relief consistent with the case made by the complaint and embraced within the issue. A damage of $300 for killing grass for two seasons was alleged : the Court found damage by having such...




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