 | William Wait - 1873 - 950 σελίδες
...; 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.... | |
 | Francis Hilliard - 1873 - 852 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. Supreme Court - 1874 - 738 σελίδες
...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... | |
 | New York (State) - 1875 - 498 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... | |
 | New York (State). - 1876 - 498 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... | |
 | California, Theodore Henry Hittell - 1876 - 986 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... | |
 | Austin Abbott - 1857 - 608 σελίδες
...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,... | |
 | New York (State) - 1876 - 398 σελίδες
...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... | |
 | 1880 - 688 σελίδες
...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,... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1881 - 678 σελίδες
...statement of facts constituting the cause of action in the complaint, will authorize any relief which is " consistent with the case made by the complaint and embraced within the issue." The " case Christian Rliumke v. Jeter Clinton et al. made "in both complaints is the trespass. Single... | |
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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... 
