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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 Civil Procedure of the State of California: Adopted March 11th ...

California - 1872 - 750 σελίδες
...proper. 28 Cal. 26; 29 Cal. 429. $ 580. (§ 147.) 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. lOCnl. 299; 11 Cal. 19; 20 Cal. 91, 628; 22 Cal. 633, 651 ; 27 Cal. 102, 655; 28 Cal. 289, 628 ; 29...

Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1872
...183. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he snail have demanded in his complaint; but in any other case...made by the complaint, and embraced within the issue. Sec. 184. An action may be dismissed or a judgment of a nonsuit entered in the following cases: First....

The Code of Civil Procedure of the State of California, Τόμος 1

California - 1872
...The relief granted to the' plaintiff, if there be no answer, cannot exceed that which he 8naii ],ave demanded in his complaint; but in any other case,...made by the complaint and embraced within the Issue. NOTE. — 1. RELIEF, WHEN JUDGMENT IB BY D«FAULT. — If the judgment is by default, the Court cannot...

The Code of Civil Procedure: Of the State of California

California, Creed Haymond - 1872 - 768 σελίδες
...that which he awarded to the shall have demanded in his complaint; but in any other Plaintlffcase, the Court may grant him any relief consistent with...made by the complaint and embraced within the issue. 581. (§ 148.) An action mav be dismissed, or a Action 1 may be judgment of nonsuit entered, in the...

North Carolina Reports: Cases Argued and Determined in the Supreme ..., Τόμος 67

North Carolina. Supreme Court - 1872
...cannot exceed that which shall be demanded in his complaint ; bat in any other case, the Court inay grant him any relief consistent with the case made by the complaint, and embraced within the issues."1 And sec. 132, of the CCP, provides, "The Ceiwt may, b*OATES, WILLIAMS & Co. «. KENDALL....

The Practice at Law: In Equity, and in Special Proceedings, in All ..., Τόμος 2

William Wait - 1873
...; if the defendant answers, then the form of the demand is unimportant, as the court may then grant any relief consistent with the case made by the complaint, and embraced within the issue. Hall v. Hall, 38 How. 97 ; ConaugMy v. Nichols, 42 N.. Y. (3 Hand) 83 ; Read v. Lambert, 10 Abb. N....

The Law of Remedies for Torts: Including Replevin, Real Action, Pleading ...

Francis Hilliard - 1873 - 771 σελίδες
...have judgment, under § 275 of the Code, because the relief which the proofs would warrant is not " consistent with the case made by the complaint and embraced within the issue." Complaint, that the plaintiff employed the defendants, as brokers, to purchase for him on credit certain...

Reports of the Decisions of the Court of Appeals of the State of ..., Τόμος 4

New York (State). Court of Appeals - 1874
...to the case made by his bill, or not at all." Rome Exchange Bank v. Eames. plaintiff, if there be no answer, cannot exceed that which he shall have demanded...made by the complaint and embraced within the issue." Code of Pro. § 275. In the present case, the only relief that could have been granted •' consistent...

The Code of Civil Procedure of the State of California, Τόμος 1

California - 1874
...147.) The relief granted to the plaintiff, if there be no answer, cannot exceed that which lie shatl have demanded in his complaint; but in any other case,...made by the complaint and embraced within the issue. NOTE. — 1. RELIEF, WHEN JUDGMENT is BY DKFAULT. — If the judgment is by default, the Court cannot...

United States Reports: Cases Adjudged in the Supreme Court, Τόμος 84

United States. Supreme Court - 1874
...Missouri, 185. Opinion of the court. the court may grant the plaintiff any relief, under the code, consistent with the case made by the complaint and embraced within the issue.* So, where the facts are sufficiently stated in the petition, the Supreme Court of the State hold that...




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