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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 532
по New York (State). Legislature - 1848
Пълен достъп - Информация за книгата

The Revised Code of the District of Columbia

District of Columbia - 1857 - 699 страници
...relief granted to the plaintiff, if there be no answer, shall not exceed the relief demanded in the complaint ; but in any other case the court may grant...made by the complaint and embraced within the issue. SBC. 21. All judgments and orders shall be entered on the journal of the minutes of the court, and...

The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - 1858 - 302 страници
...Franklin, 6 Cal., 607. > 147. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint...made by the complaint, and embraced within the issue. 1st. By the plaintiff- himself, at any time before trial, upon the payment of costs, if a counter claim...

Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858
...complaint is personal against the defendants. If there be an answer, the court may grant the plaintiff " any relief consistent with the case made by the complaint and embraced within the issue." (Code, § 275.) No execution can be issued upon the judgment except such as shall require the sheriff...

The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - 1860 - 368 страници
...v. Franklin, 6 Cal. 607. 147. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint...made by the complaint, and embraced within the issue. 148. An action may be dismissed, or a judgment of non-suit entered in the following cases : 1st. By...

Reports of Cases in Law and Equity in the Supreme Court of the State ..., Том 32

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1861
...answered the demurrer. The § 275 of the code is: " 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." Suppose I should give judgment for the plaintiff on this demurrer, with leave for the defendant to...

Reports of Cases Argued and Determined in the Supreme Court of ..., Том 14

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1861
...had upon a proper complaint. Perk, ft., p. 661. Where an issue is made and tried, the Court grants any relief consistent with the case made by the complaint and embraced within the issue, without regard to the prayer for relief. Perk. Pr., p. 658. The judgment is reversed with costs, with...

Statutes at Large of the State of New York: Comprising the Revised ..., Том 5

New York (State) - 1863
...Ab., 60; 4 Ab., 367; 1 Ab., 2, 48, 141. § 275. 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. 20 NT, 64 ; 12 NT, 341 ; 32 B., 206 , 30 B., 340 ; 28 B., 190 ; 26 B., 360; 23 B., 555 ; 20 B., 121...

Practice and Pleading in Actions in the Courts of Record in the State ..., Том 2

Henry Whittaker - 1863
...judgment must be given accordingly. § 275. (231.) 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. § 276. (232.) Whenever damages are recoverable, the plaintiff may claim and recover, if he show himself...

The Civil Practice Act of the State of California: As Amended, with Notes ...

California - 1863 - 667 страници
...be awarded to the plaintiff '. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint...made by the complaint, and embraced within the issue. T. Where judgment is taken by default, no relief can he given beyond that demanded in the complaint....

Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour - 1863
...plaintiff any relief to which bis proof, on the trial, may seem to entitle him. but only such as is consistent with the case made by the complaint and embraced within the issue. Cowenhmen v. The City of Brooklyn, 9 2. Requisites and validity of a complaint under the title of the...




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