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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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Reports of Practice Cases, Determined in the Courts of the State of ..., Τόμος 3

1857
...Manifestly not, because, 1, By section 275 of the Code, the court is authorized to grant the plaintiff any relief consistent with the case made by the complaint and embraced within the issue. The receipt of fees by the defendant is one of the issues in this case. 2. The fees and emoluments are...

The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - 1858 - 302 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. 1st. By the plaintiff himself, at any time before trial, upon the payment of costs, if a counter claim...

Reports of Cases in Law and Equity in the Supreme Court of the State of New York

New York (State). Supreme Court, Oliver Lorenzo Barbour - 1858
...complaint is personal against the defendants. If there be an answer, the court may grant the plaintiff " any relief consistent with the case made by the complaint and embraced within the issue." (Code, § 275.) No execution can be issued upon the judgment except such as shall require the sheriff...

The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - 1860 - 368 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. 148. An action may be dismissed, or a judgment of non-suit entered in the following cases : 1st. By...

Reports of Cases in Law and Equity in the Supreme Court of the ..., Τόμος 32

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1861
...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...made by the complaint and embraced within the issue." Suppose I should give judgment for the plaintiff on this demurrer, with leave for the defendant to...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 14

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1861
...had upon a proper complaint. Perk, ft., p. 661. Where an issue is made and tried, the Court grants any relief consistent with the case made by the complaint and embraced within the issue, without regard to the prayer for relief. Perk. Pr., p. 658. The judgment is reversed with costs, with...

Practice and Pleading in Actions in the Courts of Record in the ..., Τόμος 2

Henry Whittaker - 1863
...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,...made by the complaint, and embraced within the issue. § 276. (232.) Whenever damages are recoverable, the plaintiff may claim and recover, if he show himself...

Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour - 1863
...plaintiff any relief to which bis proof, on the trial, may seem to entitle him. but only such as is consistent with the case made by the complaint and embraced within the issue. Cowenhmen v. The City of Brooklyn, 9 2. Requisites and validity of a complaint under the title of the...

A Digest of New York Statutes and Reports: From the Earliest Period ..., Τόμος 4

Benjamin Vaughan Abbott, Austin Abbott - 1864
...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...made by the complaint and embraced within the issue. Code of Pro.. §275. 107. If the defendant has answered the complaint, the demand of relief becomes...

The Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - 1864 - 1002 σελίδες
...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...made by the complaint and embraced within the issue. § 276. [282.] Rate of damages where damages are recoverable. Whenever damages are recoverable, the...




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