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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
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Minnesota Reports, Том 19

Minnesota. Supreme Court - 1878
...taken. The relief granted to the plaintiff, if there is no answer, cannot exceed that which he has demanded in his complaint ; but in any other case...made by the complaint and embraced within the issue. Gen. St., ch. 66, sec. 246. If the plaintiff would be entitled to relief against the land, whether...

Laws of the State of Indiana

Indiana - 1881
...granted to the plaintiff, if" ther thereof. ^e QO answerj can uof; exceed the relief demanded in Vii complaint ; but, in any other case, the Court may...made by the complaint, and embraced within the issue. (380.) jndgment with- SEC. 451. When a judgment is to be executed \vithou.%. Separate. 'v ' relief...

The Northwestern Reporter, Том 49

1891
...49. (Minn. although it held that he was not entitled to have the judgment vacated. Such relief was consistent with the case made by the complaint, and embraced within the issue. 2. The judgment creditor, in order to satisfy a balance due on the Judgment, legally sold a tract of...

The Pacific Reporter, Том 13

1887
...the issuance of an injunction, yet it did ask "that said nuisance be abated." The relief granted was consistent with the case made by the complaint, and embraced within the issues made by the pleadings, and was therefore entirely proper. Section 580, Code Civil Proc. There...

Reports of Cases Determined in the Supreme Court of the State of ..., Том 125

California. Supreme Court - 1906
...(Code Civ. Proc., sec. 580) provides as follows: "The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded...made by the complaint and embraced within the issue." It will be necessary, therefore, for us to determine whether in this case the relief granted was consistent...

Reports of Cases Determined in the Supreme Court of the State of ..., Том 37

California. Supreme Court - 1906
...answer I* flled, the Court, under section one hundred and forty-seven of the Practice Act, may grant any relief consistent with the case made by the complaint and embraced within the Issue, yet the Court should not grant any relief not prayed for, unless the facts proved within the issues...

New York Field Codes 1850-1865

New York (State). Commissioners of the Code, David Dudley Field - 1998 - 3634 страници
...judgment is proper. Amended Code, § 274 § 751. 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 m sy grant him any relief consistent with the case made hy the complaint, and embraced within the issue....
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