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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 Utah Passed by the Legislative Assembly, Τόμος 26

Utah - 1884
...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. Action may be SEC. 455. An action may be dismissed, or a judg1. By the plaintiff himself at any time...

The Code of Civil Procedure of North Carolina: With Notes and Decisions to 1884

North Carolina, Walter Clark - 1884 - 470 σελίδες
...plaintiff, if there be no answer, can 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. If no complaint is filed. — A judgment is not void because no complaint has been filed. Little v....

Speeches, Arguments, and Miscellaneous Papers of David Dudley Field, Τόμος 1

David Dudley Field - 1884
...plaintiff, if there be no answer, can not exceed that which he shall have demanded in bis complaint; but, in any other case, the Court may grant him any relief...by the complaint, and embraced within the issue." It will be recollected that the plaintiff is required to state, in his complaint, the relief to which...

The Pacific Reporter, Τόμος 159

1916
...if there be no answer the relief granted plaintiff may not exceed his demands, but in nny other cnsc the court may grant him any relief consistent with...case made by the complaint and embraced within the issues, defendant, by answering, may enlarge the scope of the relief to any extent consistent with...

The Pacific Reporter, Τόμος 146

1915
...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 embraced within the issue." See Lowe v. Turner, 1 Idaho, 107; Wilson v. Boise City, 7 Idaho, 69, 60...

California Appellate Decisions, Τόμος 30

California. District Courts of Appeal - 1919
...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...case made by the complaint and embraced within the issues" (sec. 580, Code Civ Proc.), and "a default admits the material allegations of the complaint,...

California Appellate Decisions, Τόμος 7

California. District Courts of Appeal - 1908
...verdict read In connection with the pleadings. In any case the relief that may be granted must lie consistent with the case made by the complaint and embraced within the issues. (Code Civ. Proc., sec. 580. > Appellant presents but one other point as calling for a reversal....

The Miscellaneous Reports: Cases Decided in the Inferior Courts of ..., Τόμος 10

1895
...further proofs. Id. See FOXIER ADJUDICATION. JUDGMENT. 1. After answer » plaintiff may take any judgment consistent with the case made by the complaint and embraced within the issue. A suitor may not be dismissed without redress because he prays for too much or too little, or for wrong...

Illinois Law Review, Τόμος 11

1917
...plaintiff's complaint, including the prayer, the usual code provision shall apply that the court may grant any relief consistent with the case made by the complaint and embraced within the issue8 and that the court shall be bound by the duty occasionally enjoined by statute, "to disregard...

Columbia Law Times: A Monthly Review Devoted to Law and Political ..., Τόμος 2

1889
...nature of the action, and where an answer is interposed the court will grant the judgment which shall be consistent with the case made by the complaint and embraced within the issues, if sustained by the evidence, irrespective of the relief demanded in the complaint. The mere...




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