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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 Practice at Law: In Equity, and in Special Proceedings, in All ..., Том 3

William Wait - 1874
...What relief may be granted in case of default. The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint. Code, § 275. And it is not sufficient that the plaintiff states facts sufficient to entitle him to...

Code of Procedure of the State of New York: With Art. VI of the Constitution ...

New York (State) - 1875 - 481 страници
...amount he less than one hundred dollars. 2 275. The relief granted to the plaintiff, if there he no answer, cannot exceed that which he shall have demanded in his complaint; hut in any other case, the court may grant him any relief consistent with the case made hy the complaint...

The Codes and Statutes of the State of California, Том 2

California, Theodore Henry Hittell - 1876 - 1861 страници
...relief to be awarded to the plaintiff. SEC. 580. The relief granted to the plaintiff, if there be no y such ticket, is evidence that such 10.581. Action may be dismissed or nonsuit entered. SEC. 581. An action may be dismissed, or a judgment...

The Code of Procedure of the State of New York, with Art. VI of the ...

New York (State). - 1876 - 481 страници
...plaintilf, if there be no answer, caunot exceed that which he shall have demanded In his complamt; bnt in any other case, the court may grant him any relief...made by the complaint and embraced within the issue. 2 876. Whenever damages are recoverable, the plaintiff may claim and recover. If he show himself entitled...

Reports of Practice Cases, Determined in the Courts of the State of ..., Том 4

Austin Abbott - 1857
...money, a serious difficulty would be presented. But when an answer has been put in, the court may grant any relief consistent with the case made by the complaint, and embraced within the issues (Code, § 275). In this case, therefore, if all the facts alleged in the complaint be proved,...

Laws of the State of New York, Том 2

New York (State) - 1876
...in the complaint. Where there is an answer, the court may permit the plaintiff to take any judgment, consistent with the case made by the complaint, and embraced within the issue. § 1208. Where either party is entitled to recover damages, he may recover any rate of damages, which...

The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit ..., Том 9

1880
...form of the prayer, defendant having answered, the court may permit the plaintiff to take any judgment consistent with the case made by the complaint and embraced within the issue. Code, § 1207. Whether plaintiff had established a case for specific performance was not passed upon,...

Reports of Cases Decided in the Supreme Court of the State of Utah, Том 2

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1881
...statement of facts constituting the cause of action in the complaint, will authorize any relief which is " consistent with the case made by the complaint and embraced within the issue." The " case Christian Rliumke v. Jeter Clinton et al. made "in both complaints is the trespass. Single...

The Code of Civil Procedure of the State of New York: Being Chapter 448 of ...

1877 - 341 страници
...in the complaint. Where there is an answer, the court may permit the plaintiff to take any judgment, consistent with the case made by the complaint, and embraced within the issue. § 1208. Where either party is entitled to recover damages, he may recover any rate of damages, which...

Reports of Cases Decided in the Supreme Court of the State of Utah, Том 32

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1908
...v. Smith, 1 Utah 241; section 3187, Rev. Stat.) "The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint." "A judgment must accord with and be warranted by the pleadings of the party in whose favor it is rendered....




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