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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 Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - 1864 - 315 страници
...[231.] 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...made by the complaint and embraced within the issue. § 276. [282.] Rate of damages where damages are recoverable. Whenever damages are recoverable, the...

A Digest of New York Statutes and Reports: From the Earliest Period ..., Том 4

Benjamin Vaughan Abbott, Austin Abbott - 1864
...Abbotts' Pr., 7. 106. What, relief may be granted. 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. Code of Pro.. §275. 107. If the defendant has answered the complaint, the demand of relief becomes...

Laws of the Territory of Idaho

Idaho (Ter.) - 1864
...judgment is proper. SEC. 147. The relict granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint;...consistent with the case made by the complaint and embaced within the issue. SEC. 148. An action may be dismissed or judgment of nonsuit entered in the...

Laws of the Territory of Idaho

Idaho - 1864
...judgment is proper. SEC. 147. The relict granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint;...consistent with the case made by the complaint and embaced within the issue. SEC. 148. An action may be dismissed or judgment of nonsuit entered in the...

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

New York (State). Supreme Court, Oliver Lorenzo Barbour - 1864
...People v. Cram, 8 id. 151.) The next section, 275, provides that the court may grant the plaintiff any relief consistent with the case made by the complaint, and embraced in the issue. Would it not have been entirely consistent with the complaint in this case, and with...

Reports of Cases Argued and Determined in the Supreme Court of ..., Том 23

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 - 1865
...defect." " Sec. 380. The relief granted to the plaintiff, if there be no answer, can not exceed the relief demanded in his complaint ; but, in any other case,...by the complaint, and embraced within the issue." "Sec. 580. No judgment shall be stayed or reversed . . for any defect . . which might be amended by...

Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1866
...judgment is proper. SEC. 120. 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. SEC. 121. An action may be dismissed, or judgment of nonsuit entered, in the following cases : First,...

Laws of the Territory of Idaho

Idaho, Idaho Territory - 1866
...judgment is proper. SEC. 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. party upon the written consent of the other. Third. By the court, when the plaintiff fails to appear...

Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866
...judgment is proper. SEC. 120. 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. self at any time before trial, upon the payment of costs, if a counter claim has not been made. If...

Practice Reports in the Supreme Court and Court of Appeals, Том 31

Nathan Howard (Jr.), New York (State). Supreme Court - 1866
...in the manner provided by it " (§ 468). Every court has power, where an answer is put in to grant relief consistent with the case made by the complaint and embraced within the issue (Id. § 275). The court in this action had power, therefore, to admeasure and enforce the plain tiff's...




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