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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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North Carolina Reports: Cases Argued and Determined in the Supreme ..., Τόμος 67

North Carolina. Supreme Court - 1872
...cannot exceed that which shall be demanded in his complaint ; bat in any other case, the Court inay grant him any relief consistent with the case made by the complaint, and embraced within the issues."1 And sec. 132, of the CCP, provides, "The Ceiwt may, b*OATES, WILLIAMS & Co. «. KENDALL....

The Practice at Law: In Equity, and in Special Proceedings, in All ..., Τόμος 2

William Wait - 1873
...; if the defendant answers, then the form of the demand is unimportant, as the court may then grant any relief consistent with the case made by the complaint, and embraced within the issue. Hall v. Hall, 38 How. 97 ; ConaugMy v. Nichols, 42 N.. Y. (3 Hand) 83 ; Read v. Lambert, 10 Abb. N....

The Law of Remedies for Torts: Including Replevin, Real Action, Pleading ...

Francis Hilliard - 1873 - 771 σελίδες
...have judgment, under § 275 of the Code, because the relief which the proofs would warrant is not " consistent with the case made by the complaint and embraced within the issue." Complaint, that the plaintiff employed the defendants, as brokers, to purchase for him on credit certain...

United States Reports: Cases Adjudged in the Supreme Court, Τόμος 84

United States. Supreme Court - 1874
...Missouri, 185. Opinion of the court. the court may grant the plaintiff any relief, under the code, consistent with the case made by the complaint and embraced within the issue.* So, where the facts are sufficiently stated in the petition, the Supreme Court of the State hold that...

Code of Procedure of the State of New York: With Art. VI of the Constitution ...

New York (State) - 1875 - 481 σελίδες
...plaintiff, if there he no answer, cannot 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 issne. 2 S70. Whenever damages are recoverahle, the plaintiff...

The Codes and Statutes of the State of California, Τόμος 2

California, Theodore Henry Hittell - 1876 - 1861 σελίδες
...plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but ersons capable of perception and communication may...persons, without exception, otherwise than is speci 10.581. Action may be dismissed or nonsuit entered. SEC. 581. An action may be dismissed, or a judgment...

The Code of Procedure of the State of New York, with Art. VI of the ...

New York (State). - 1876 - 481 σελίδες
...plaintilf, if there be no answer, caunot exceed that which he shall have demanded In his complamt; bnt in any other case, the court may grant him any relief...made by the complaint and embraced within the issue. 2 876. Whenever damages are recoverable, the plaintiff may claim and recover. If he show himself entitled...

Reports of Practice Cases, Determined in the Courts of the State of ..., Τόμος 4

Austin Abbott - 1857
...money, a serious difficulty would be presented. But when an answer has been put in, the court may grant any relief consistent with the case made by the complaint, and embraced within the issues (Code, § 275). In this case, therefore, if all the facts alleged in the complaint be proved,...

Laws of the State of New York, Τόμος 2

New York (State) - 1876
...in the complaint. Where there is an answer, the court may permit the plaintiff to take any judgment, consistent with the case made by the complaint, and embraced within the issue. § 1208. Where either party is entitled to recover damages, he may recover any rate of damages, which...

The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Τόμος 9

1880
...form of the prayer, defendant having answered, the court may permit the plaintiff to take any judgment consistent with the case made by the complaint and embraced within the issue. Code, § 1207. Whether plaintiff had established a case for specific performance was not passed upon,...




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