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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... "
Reports of Cases of Practice Decided by the Supreme Court and Court of ... - Σελίδα 378
των Nathan Howard (Jr.) - 1851
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

The Constitution of South Carolina: Adopted April 16, 1868, and the Acts and ...

South Carolina - 1868 - 942 σελίδες
...be no answer, canpfaintiirledt0 D0* 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. Rate of dam- SEC. 300. Whenever damages are recoverable, the plaintiff may claim !ifiuvihesetre an(^...

Reports of Practice Cases, Determined in the Courts of the State ..., Τόμος 11

1868 - 584 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 consistent with the case made by the complainant, and embraced within the issue." Suppose I should give judgment for the plaintiff on this...

The Civil Practice Act of the State of California

California, Theodore Henry Hittell - 1868 - 410 σελίδες
...plaintiff, if there he no answer, shall not exceed that which he shall have demanded in his complaint; hnt in any other case, the court may grant him any relief consistent with the case made hy the complaint, and emhraced within the issue. [10 Cal. 299; 22 Cal, 633. 651; 27 Cal. 655; 29 Cal....

Transcript Appeals: The File of Opinions in Cases Argued Before ..., Τόμοι 5-6

Joel Tiffany, New York (State). Court of Appeals - 1868 - 802 σελίδες
...statute, providing that, where the Defendants appear and answer, the Court may grant the Plaintiff any relief consistent with the case made by the complaint, and embraced within the issue (Code, § 275), it is not error to allow the Plaintiff any judgment to which, upon the allegations...

Reports of Cases Argued and Determined in the Superior Court of the City of ...

Anthony L. Robertson - 1868 - 778 σελίδες
...in the manner provided by" it. (§ 468.) Every court has power, where an answer is put in, to grant relief consistent with the case made by the complaint, and embraced within the issue. (Id. § 275.) The court, in this action, had power, therefore, to admeasure and enforce the plaintiff's...

Transcript Appeals: The File of Opinions in Cases Argued Before ..., Τόμοι 3-4

New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 σελίδες
...amend the statement and judgment, as we have seen. It also had the power to graiit such relief as was consistent with the case made by the complaint, and embraced within the issue. A good cause of action is not destroyed by adding allegations of immaterial matter (Marquat v. Marquat,...

Reports of Cases Decided in the Court of Appeals of the State of ..., Τόμος 27

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1868 - 672 σελίδες
...and render a judgment against the defendants for the full amount of the verdict, because the same was consistent with the case made by the complaint and embraced within the issue. (Code, § 275.) The decision in the action in favor of John W. Audubon and "Victor G. Audubon, tried...

North Carolina Reports: Cases Argued and Determined in the Supreme ..., Τόμος 79

North Carolina. Supreme Court - 1878 - 760 σελίδες
...material allegation being numbered. CC P. § 93 (2). The judgment where tliere is an answer may be for any relief consistent with the case made by the complaint and embraced within the issue. § 219. It is the apparent purpose of the new system, while simplifying the method of procedure, to...

The Code of Procedure of the State of New York, as Amended to 1870: With ...

New York (State), John Townshend - 1870 - 896 σελίδες
...if there be no answer, cannot exceed that which he shall have demanded in his complaint ; but, (2.) In any other case, the court may grant him any relief...made by the complaint, and embraced within the issue. e. Judgment where no an§wer. — Where a complaint asks for specific relief, and the defendant makes...

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

Utah (Ter.) - 1870 - 162 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. SEC. 150. An action may be dismissed, or a judgment of nonsuit entered in the following cases: First...




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