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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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Extraterritoriality: A Letter to the Chairman of the Senate Committee on ...

United States. Department of State - 1882 - 234 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. 5!l. An action may be dismissed, or a judgment of non suit entered, in the following cases: 1st. By...

Reports of Decisions of the Supreme Court of the State of Nevada, Τόμος 16

Nevada. Supreme Court - 1882
...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." Mr. Bliss, in his Code Pleading, says: " The pleader should bear in mind the language of the rule,...

Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Τόμος 53

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1882
...foreclosure and sale for the plaintiffs. There being an answer in the case, the plaintiffs were entitled to any relief consistent with the case made by the complaint and embraced Rogers and another, Ex'rs, vs. Burrus and husband, imp. within the issue. RS, sec. 2886; Leonard v....

The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Τόμος 15

1883
...even if the prayer for relief was defective, an answer having been interposed, plaintiff could have any relief consistent with the case made by the complaint and embraced within the issue ; and that, under the circumstances, a judgment for the precise sum of money claimed was proper. Reversing...

Howard's Practice Reports in the Supreme Court and Court of ..., Τόμος 65

Nathan Howard (Jr.), Rowland M. Stover, New York (State). Supreme Court - 1883
...prayer for judgment was for equitable relief, an answer having been interposed, the plaintiff could have any relief "consistent with the case made by the complaint and embraced within the issue." (Murtha agt. Curley, ante, 372.) 71. Section 1241 — When a direction to pay money will not be enforced...

Civil Procedure Reports: Containing Cases Under the Code of Civil ..., Τόμος 3

1883
...['] was defective for equitable relief, an answer having been interposed, the plaintiff could have any relief " consistent with the case made by the complaint, and embraced within the issues" (Code, § 1207).* Under our present system of practice a plaintiff [4] is not to be turned...

New Cases Selected Chiefly from Decisions of the Courts of the ..., Τόμος 12

Austin Abbott - 1883
...judgment was defective for equitable relief, an answer having been interposed, the plaintiff could have any relief "consistent with the case made by the complaint, and embraced within the issues" (Code, §1207). Under our present system of practice a plaintiff is not to be turned out of...

Reports of Cases Argued and Determined in the Circuit Court of the ..., Τόμος 19

United States. Circuit Court (2nd Circuit), Samuel Blatchford - 1883 - 24 σελίδες
...Code of Procedure, if there were an answer, the Court might permit the plaintiffs to take any judgment consistent with the case made by the complaint and embraced within the issue ; that, therefore, if, on the appearance of the two corporations, the lease were adjudged to be valid...

The Pacific Reporter, Τόμος 6

1885
...granted to the plaintiff, if there be no answer, cannot exceed that demanded in his complaint; but in any other case the court may grant him any relief...the complaint and embraced within the issue." The office of the prayer for relief required by section 54 aforesaid, would seem to be that of indicating...

The Pacific Reporter, Τόμος 58

1899
...plaintiff, if there be no answer, cauuot exceed that which be 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." It will be necessary, therefore, for us to dele; mine whether in this case the relief granted was consistent...




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