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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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Laws of the Territory of Idaho

Idaho (Ter.) - 1864
...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...consistent with the case made by the complaint and embaced within the issue. SEC. 148. An action may be dismissed or judgment of nonsuit entered in the...

Laws of the Territory of Idaho

Idaho - 1864
...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...consistent with the case made by the complaint and embaced within the issue. SEC. 148. An action may be dismissed or judgment of nonsuit entered in the...

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 - 1864
...People v. Cram, 8 id. 151.) The next section, 275, provides that the court may grant the plaintiff any relief consistent with the case made by the complaint, and embraced in the issue. Would it not have been entirely consistent with the complaint in this case, and with...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 23

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 - 1865
...to the plaintiff, if there be no answer, can not exceed the relief demanded in his complaint ; but, in any other case, the court may grant him any relief...by the complaint, and embraced within the issue." "Sec. 580. No judgment shall be stayed or reversed . . for any defect . . which might be amended by...

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

Montana - 1866
...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. 121. An action may be dismissed, or judgment of nonsuit entered, in the following cases : First,...

Laws of the Territory of Idaho

Idaho - 1866
...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. party upon the written consent of the other. Third. By the court, when the plaintiff fails to appear...

Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866
...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. self at any time before trial, upon the payment of costs, if a counter claim has not been made. If...

Practice Reports in the Supreme Court and Court of Appeals, Τόμος 31

Nathan Howard, New York (State). Supreme Court - 1866
...in the manner provided by it " (§ 468). Every court has power, where an answer is put in to grant relief consistent with the case made by the complaint and embraced within the issue (Id. § 275). The court in this action had power, therefore, to admeasure and enforce the plain tiff's...

The Code of Procedure of the State of New York, as Amended to 1867: With the ...

John Townshend - 1867 - 292 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.] Bate of damages where damages are recoverable. Whenever damages are recoverable, the...

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

New York (State). Court of Appeals - 1867
...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, § 275.) In the present case, the only relief that could have been granted "consistent with...




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