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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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Acts, Resolutions and Memorials Passed at the Annual Sessions of the ...

Utah (Ter.) - 1870
...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. 150. An action may be dismissed, or a judgment of nonsuit entered in the following cases: First...

Reports of Practice Cases, Determined in the Courts of the State of ..., Τόμος 7

Austin Abbott - 1870
...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...with the case made by the complaint, and embraced with the issue, — relieves a plaintiff from any technical objection that he has not prayed for the...

The Code of Procedure of the State of New York, 1870: With Art. VI of the ...

1870 - 281 σελίδες
...plaintiff, if there he no answer, caunot exceed that which he shall have demanded in his complaint; hut in any other case, the court may grant him any relief consistent with the case made hy the complaint and emhraced within the issue. g 270. Whenever damages are recoverahle, the plaintiff...

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

Abraham Lansing, New York (State). Supreme Court - 1870
...case, that is, in all cases where the defendant puts in an answer, the court may grant the plaintiff any relief consistent with the case made by the complaint, and embraced within the issue. (§ 275.) Whenever damages are recoverable, the plaintiff may claim and recover, if he shoios himself...

Practice Reports in the Supreme Court and Court of Appeals, Τόμος 38

Nathan Howard, New York (State). Supreme Court - 1870
...the defendant answers, then the form of the demand is quite unimportant, as the court may then grant any relief consistent with the case made by the complaint, and embraced within the issue. This is not the case of two actions improperly joined in the complaint, but a case where the facts...

North Carolina Reports: Cases Argued and Determined in the Supreme ..., Τόμος 64

North Carolina. Supreme Court - 1870
...plaintiff and defendant were tenants in common of the articles : //./•/, that the Court could give no "relief consistent with the case made by the complaint, and embraced within the issue." Powell v. Hiil, 169. 2. A tenant in common cannot maintain an action against a co-tenant to recover...

Reports of Decisions of the Supreme Court of the State of Nevada, Τόμος 6

Nevada. Supreme Court - 1871
...granted relief to the extent of the damage claimed in the complaint, and upon trial the Court could grant any relief consistent with the case made by the complaint and embraced within the issue. A damage of $300 for killing grass for two seasons was alleged : the Court found damage by having such...

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

California - 1872
...plaintiff, if there be no answer, cannot exceed that which he 8naii ],ave 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. 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: Adopted March 11 ...

California, Warren Olney - 1872 - 750 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. lOCnl. 299; 11 Cal. 19; 20 Cal. 91, 628; 22 Cal. 633, 651 ; 27 Cal. 102, 655; 28 Cal. 289, 628 ; 29...

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...




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