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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
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1471 σελίδες
...the complaint. (1) Where there is an answer, the court may permit the plaintiff to take auy judgment, consistent with the case made by the complaint, and embraced within the issue.(2) Co. Proc., 1 274. (1) Andrew! t. Monllaws, 8 Hun, A3; Slmonson r. Bl»tc, 12 Abb. J3I ; 20...

Reports of Decisions of the Supreme Court of the State of Nevada, Τόμος 16

Nevada. Supreme Court - 1882
...Compiled Laws provides that, "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." Mr. Bliss, in his Code Pleading, says: " The pleader should bear in mind the language of the rule,...

Extraterritoriality: A Letter to the Chairman of the Senate Committee on ...

United States. Department of State - 1882 - 234 σελίδες
...several judgment is proper. 58. 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. 5!l. An action may be dismissed, or a judgment of non suit entered, in the following cases: 1st. By...

Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Τόμος 53

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1882
...foreclosure and sale for the plaintiffs. There being an answer in the case, the plaintiffs were entitled to any relief consistent with the case made by the complaint and embraced Rogers and another, Ex'rs, vs. Burrus and husband, imp. within the issue. RS, sec. 2886; Leonard v....

Howard's Practice Reports in the Supreme Court and Court of ..., Τόμος 65

Nathan Howard (Jr.), Rowland M. Stover, New York (State). Supreme Court - 1883
...prayer for judgment was for equitable relief, an answer having been interposed, the plaintiff could have any relief "consistent with the case made by the complaint and embraced within the issue." (Murtha agt. Curley, ante, 372.) 71. Section 1241 — When a direction to pay money will not be enforced...

The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Τόμος 15

1883
...even if the prayer for relief was defective, an answer having been interposed, plaintiff could have any relief consistent with the case made by the complaint and embraced within the issue ; and that, under the circumstances, a judgment for the precise sum of money claimed was proper. Reversing...

Illinois Law Review, Τόμος 11

1917
...plaintiff's complaint, including the prayer, the usual code provision shall apply that the court may grant any relief consistent with the case made by the complaint and embraced within the issue8 and that the court shall be bound by the duty occasionally enjoined by statute, "to disregard...

Columbia Law Times: A Monthly Review Devoted to Law and Political ..., Τόμος 2

1889
...nature of the action, and where an answer is interposed the court will grant the judgment which shall be consistent with the case made by the complaint and embraced within the issues, if sustained by the evidence, irrespective of the relief demanded in the complaint. The mere...

Officers and Members: Report of Proceedings of the Annual Meeting, Τόμος 4

Vermont Bar Association - 1895
...parties on each side as between themselves. SEC. 231. 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. SEC. 232. Whenever damages are recoverable the plaintiff may claim and recover, if he show himself...

Reports of Cases Determined in the Courts of Appeal of the State ..., Τόμος 37

1920
...of the Code of Civil Procedure provides 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." This section plainly shows that the plaintiff may have some relief without regard to the prayer where...




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