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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... "
Laws of the State of New York Passed at the Sessions of the Legislature - Страница 536
по New York (State). Legislature - 1848
Пълен достъп - Информация за книгата

Reports of Cases Determined in the District Courts of Appeal of the ..., Том 62

1924
...Section 580 of the Code of Civil Procedure provides : "The relief granted to plaintiff, if there be no answer, cannot exceed that which he shall have demanded...grant him any relief consistent with the case made Kv the complaint and embraced within the issue. ' ' The relicf provided for by this section is confined...

Reports of Cases Determined in the District Courts of Appeal of the ..., Том 43

1922
...allegations of the complaint, and no more; and the relief to be awarded to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any cage, the court may grant him any relief consistent with JUDGMENTS (Continued). the case made by the...

Reports of Cases Determined in the Courts of Appeal of the State of ..., Том 43

1922
...allegations of the complaint, and no more; and the relief to be awarded to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any ease, the court may grant him any relief consistent with JUDGMENTS (Continued). the case made by the...

Reports of Cases Determined in the District Courts of Appeal of the ..., Том 48

1922
...special relief, and in which there is an answer to the complaint, the court may grant the plaintiffs any relief consistent with the case made by the complaint and embraced within the issues; and in such action it is error to grant a nonsuit as to one who is a proper, if not a necessary,...

Reports of Cases Determined in the Courts of Appeal of the State of ..., Том 8

1909
...— RELIEF NOT LIMITED TO PRAYER — JURISDICTION. — Where an answer is filed, the court may grant any relief consistent with the case made by the complaint and embraced within the issues, and is not limited to the relief demanded in the prayer. In such case the jurisdiction of the...

Reports of Cases Determined in the Courts of Appeal of the State of ..., Том 48

1922
...special relief, and in which there is an answer to the complaint, the court may grant the plaintiffs any relief consistent with the case made by the complaint and embraced within the issues; and in such action it is error to grant a nonsuit as to one who is a proper, if not a necessary,...

Reports of Cases Determined in the Courts of Appeal of the State of ..., Том 51

1923
...Section 580 of the Code of Civil Procedure provides: "The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint." (Staacke v. Bell, 125 Cal. 309, [57 Pac. 1012].) And in Brooks v. Forington, 117 Cal. 219, [48 Pac....

Reports of Cases Determined in the Courts of Appeal of the State of ..., Том 9

1909
...the verdict read in connection with the pleadings. In any case the relief that may be granted must be 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 Code of Civil Procedure and the Probate Code of the Territory of ..., Том 1

Guam, John A. Bohn - 1970
...580. The relief to be awarded to the plaintiff. The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded...case made by the complaint and embraced within the issues. [Enacted 1953.] § 581. Dismissals of action and entry of nonsuit. An action may be dismissed,...

Reports of Cases Decided in the Supreme Court of the State of South ..., Том 28

South Dakota. Supreme Court - 1912
...for actual damages only, it was proper for the court to add the statutory penalty, if such relief was consistent with the case made by the complaint and embraced within the issues ; provided, of course, that the facts entitling the plaintiff to such relief were established...




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