 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 Seiten
...to be subrogated in the place of the plaintiff, on paying his recovery. § 23 1 . The relief granted to the plaintiff, if there be no answer, cannot exceed...case made by the complaint, and embraced within the issue. It will be recollected that the plaintiff is required to state, in his complaint, the relief... | |
 | New York (State). Legislature - 1848 - 672 Seiten
...^£31. The relief granted to the plaintiff, if there he no lief plaintiff ' 6> . . , " .. ' to have, answer, cannot exceed that which he shall- have demanded...case made by the complaint, and embraced within the issue. Rme of §232. Whenever damages are recoverable, the plainwhenfda tiff may claim and recover,... | |
 | 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...case 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... | |
 | 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... | |
 | 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... | |
 | New York (State). - 1850 - 920 Seiten
...the others, whenever a several judgment is proper. Amended Code, § 274 § 751. The relief granted to the plaintiff, if there be no answer, cannot exceed...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). 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... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 Seiten
...note to section 258. §275. [231.] The relief to be awarded to the plaintiff. — The relief granted to the plaintiff, if there be no answer, cannot exceed...case 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.... | |
 | 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,...case made by the complaint and embraced within the issue. § 276. [Sec. 232.] Whenever damages are recoverable, J*^"^ the plaintiff may claim and recover,... | |
| |
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... 
