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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... "
The Code of Procedure of the State of New York: As Amended April 16, 1852 ... - Σελίδα 283
των New York (State). - 1852 - 590 σελίδες
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Practice Reports in the Supreme Court and Court of Appeals, Τόμος 7

Nathan Howard, New York (State). Supreme Court - 1852
...the same section proceeds to enact that " in any other case, the court may grant him (the plaintiff) any relief consistent with the case made by the complaint and embraced within the issue." In all actions, therefore, which -are defended, it is of no consequence what is the demand for relief...

Practice Reports in the Supreme Court and Court of Appeals, Τόμος 8

Nathan Howard, New York (State). Supreme Court - 1853
...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...by the complaint, and embraced within the issue." In this case no answer appears to have been put in as yet, and of course, no issues formed. This motion...

Compiled Laws of the State of California: Containing All the Acts of the ...

California, F. A. Snyder, S. Garfielde - 1853 - 1071 σελίδες
...plaintiff, if there be no answer, shall not exceed that which he shall. have demanded in his complaint; but in any other case, the court may grant him any relief...made by the complaint, and embraced within the issue. SEC. 148. An action may be dismissed, or a judgment of nonsuit entered, in the following cases : 544...

Wisconsin Session Laws

Wisconsin - 1853
...which he shall have de I? "V^ji*0 manded in his complaint ; bat in any other case the' court eps " may grant him any relief consistent with the case...made by the complaint and embraced within the issue. SEC. 186. Whenever damages are recoverable, the plain- Rates of damtiff may claim and recover, if he...

The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 798 σελίδες
...By the court, Harrison v. Wood, 2 Duer, 50. § 275. [231.] The relief to be awarded to the plaint!/. relief consistent with the case made by the complaint, and embraced within the issue. a. Where a complaint alleged a loan of money to the defendants to enable them to purchase land ; and...

Reports of Cases Argued and Determined in the Superior Court of the ..., Τόμος 8

John Duer, New York (State). Superior Court (New York) - 1855
...jury, and that the court, although denymg the equitable relief demanded, had power to grant any other relief consistent with the case made by the complaint and embraced within the issues. id. 9. Held, therefore, that although the court at special term held the award to be binding...

General Acts Passed by the Legislature of Wisconsin

Wisconsin - 1856
...he shall have de be awarded to manded in his complaint ; but in any other case the co"urt ep amUit may grant him any relief consistent with the case...made by the complaint and embraced within the issue. SEO. 186. Whenever damages are recoverable, the plain- Rates of damtiff may claim and recover, if he...

Reports of Practice Cases, Determined in the Courts of the State of ..., Τόμος 2

1856
...correct. Under the Code the court may, if the defendant has answered the complaint, grant the plaintiff any relief consistent with the case made by the complaint and embraced within the issue. In case no answer has been put in, the relief granted cannot exceed that demanded in the complaint....

The Revised Code of the District of Columbia

District of Columbia - 1857 - 699 σελίδες
...to the plaintiff, if there be no answer, shall not exceed the relief demanded in the complaint ; but in any other case the court may grant him any relief...made by the complaint and embraced within the issue. SBC. 21. All judgments and orders shall be entered on the journal of the minutes of the court, and...

Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - 1857 - 871 σελίδες
...plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint : but, in any other case, the court may grant him any relief...made by the complaint and embraced within the issue. ART. 883, Sec. 148. An action may be dismissed or a judgment of nonsuit entered, in the following cases:...




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