 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...  The Pacific Reporter - Seite 1771899Vollansicht - Über dieses Buch
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 Seiten
...recovery. § 23 1 . 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...complaint, and embraced within the issue. It will be recollected that the plaintiff is required to state, in his complaint, the relief to which he supposes... | |
 | New York (State). Legislature - 1848 - 672 Seiten
...plaintiff, if there he no lief plaintiff ' 6> . . , " .. ' to have, answer, cannot exceed that which he shall- have demanded in his complaint ; but in any...made by the complaint, and embraced within the issue. Rme of §232. Whenever damages are recoverable, the plainwhenfda tiff may claim and recover, ii' he... | |
 | Nathan Howard (Jr.) - 1851 - 452 Seiten
...put in, the relief granted to the Plaintiff cannot exceed that demanded in his complaint, but that in any other case the court may grant him any relief...made by the complaint and embraced within the issue. Under this last section, the Plaintiffs would clearly be entitled to relief on the trial. Under the... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - 1849 - 710 Seiten
...plaintiff can have no other, or greater relief, than he asks in his petition ; but in all other cases, the court may grant him any relief consistent with the case made, and within the issues. Appeals lie to the Supreme Court from the judgments of the Circuit Court, by... | |
 | 1849 - 716 Seiten
...plaintiff can have no other, or greater relief, than he asks in his petition ; but in all other cases, the court may grant him any relief consistent with the case made, and within the issues. Appeals lie to the Supreme Court from the judgments of the Circuit Court, by... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 Seiten
...cannot exceed that which he shall have demanded in his complaint; but in any other case, the court m :y grant him any relief consistent with the case made by the complaint, and embraced within the issue. Amended Code, § 275. § 752. The action may be dismissed without a final determination of its merits,... | |
 | New York (State). - 1850 - 920 Seiten
...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 by the complaint, and embraced within the issue.... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 Seiten
...plaintiff. — 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...made by the complaint, and embraced within the issue. The rule in equity was that no relief could be granted except for matter stated in the bill. Crocket... | |
 | New York (State), Henry Strong McCall - 1851 - 244 Seiten
...to the plaintiff, if t^erelief there be no answer, cannot exceed that which he shall have ?u£ pr*nw demanded in his complaint ; but in any other case,...made by the complaint and embraced within the issue. § 276. [Sec. 232.] Whenever damages are recoverable, J*^"^ the plaintiff may claim and recover, if... | |
 | New York (State). - 1851 - 266 Seiten
...plaintiff, if there be no irJjmicii io answer, cannot exceed thV which he shall have demandiJT. ""' ed in his complaint ; but in any other case, the court...made by the complaint and embraced within the issue. Raw of §276. Whenever damages are recoverable, the plaintiff whero may claim and recover, if he show... | |
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