 | California - 1860 - 388 σελίδες
...v. Franklin, 6 Cal. 607. 147. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint...made by the complaint, and embraced within the issue. 148. An action may be dismissed, or a judgment of non-suit entered in the following cases : 1st. By... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1861 - 722 σελίδες
...cause of action. I think not. The plaintiff has not answered the demurrer. The § 275 of the code is: " The relief granted to the plaintiff, if there be no...made by the complaint and embraced within the issue." Suppose I should give judgment for the plaintiff on this demurrer, with leave for the defendant to... | |
 | 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 - 1861 - 700 σελίδες
...had upon a proper complaint. Perk, ft., p. 661. Where an issue is made and tried, the Court grants any relief consistent with the case made by the complaint and embraced within the issue, without regard to the prayer for relief. Perk. Pr., p. 658. The judgment is reversed with costs, with... | |
 | Henry Whittaker - 1863 - 1154 σελίδες
...defendant is entitled to any other affirmative relief, judgment must be given accordingly. § 275. (231.) The relief granted to the plaintiff, if there be no...made by the complaint, and embraced within the issue. § 276. (232.) Whenever damages are recoverable, the plaintiff may claim and recover, if he show himself... | |
 | New York (State) - 1863 - 1026 σελίδες
...9 Ab., 18, 417; 8 Ab., 75; 7 Ab., 261; 6 Ab., 68; 6 Ab., 60; 4 Ab., 367; 1 Ab., 2, 48, 141. § 275. The relief granted to the plaintiff, if there be no...made by the complaint and embraced within the issue. 20 NT, 64 ; 12 NT, 341 ; 32 B., 206 , 30 B., 340 ; 28 B., 190 ; 26 B., 360; 23 B., 555 ; 20 B., 121... | |
 | California - 1863 - 756 σελίδες
...be awarded to the plaintiff '. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint...made by the complaint, and embraced within the issue. T. Where judgment is taken by default, no relief can he given beyond that demanded in the complaint.... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 810 σελίδες
...People e. Mayor, &c., of NY, 28 Sari., 240; SC, 8 Abbotts' Pr., 7. 106. What, relief may be granted. The relief granted to the plaintiff, if there be no...made by the complaint and embraced within the issue. Code of Pro.. §275. 107. If the defendant has answered the complaint, the demand of relief becomes... | |
 | John Townshend - 1864 - 320 σελίδες
...amount be less than one hundred dollars. § 275. [231.] The relief to be awarded to the plaintiff. The relief granted to the plaintiff, if there be no...made by the complaint and embraced within the issue. § 276. [282.] Rate of damages where damages are recoverable. Whenever damages are recoverable, the... | |
 | Idaho - 1864 - 734 σελίδες
...judgment is proper. SEC. 147. The relict granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint;...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... | |
 | Idaho (Ter.) - 1864 - 762 σελίδες
...judgment is proper. SEC. 147. The relict granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint;...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... | |
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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... 
