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affidavit alleged allowed amended amount answer appeal application appointed arrest assignment attorney authority bill brought cause of action charge circuit claim Code commenced complaint constituting contained contract copy costs counsel damages decided decision defendant defendant's delivered demand demurrer denied direct district effect entered entitled evidence examination execution facts filed further give given granted ground held husband injunction intended interest issue judge judgment jurisdiction justice land leave matter motion necessary notice objection obtained opinion paid party payment person plaintiff pleading possession practice premises present proceedings proper provision question reason received recover referee relation rendered respect rule separate served sheriff special term statute stay sufficient suit summons SUPREME COURT taken thereof tion trial trustees wife witness
Страница 476 - 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 issue.
Страница 153 - Judgment may be given, for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may determine the ultimate rights of the parties on each side, as between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled.
Страница 147 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Страница 94 - The court before which an action is pending, or a judge or justice thereof, may, in their discretion, and upon due notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of any books, papers and documents in his possession, or under his control, containing evidence relating to the merits of the action, or the defense therein.
Страница 73 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable or both, where they all arise out of, 1.
Страница 274 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Страница 169 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2.
Страница 182 - So, when the defendant demurs on the ground that it appears on the face of the complaint that there is a defect of parties...