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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... "
Reports of Cases Decided in the Supreme Court of the State of South Dakota - Seite 92
von South Dakota. Supreme Court - 1912
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 Seiten
...against the makers, or 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...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 issue. It will be...
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Laws of the State of New York Passed at the Sessions of the Legislature

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...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 issue. Rme of §232....
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The Code of Civil Procedure of the State of New York: Reported ..., Band 2

New York (State). - 1850 - 920 Seiten
...to proceed against the others, whenever a several judgment is proper. Amended Code, § 274 § 751. The relief granted to the plaintiff, if there be no...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....
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 Seiten
...5 Pr. R., 14. See note to section 258. §275. [231.] The relief to be awarded to the plaintiff. — The relief granted to the plaintiff, if there be no...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 issue. The rule...
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The Code of Procedure of the State of New York: As Amended by the ...

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, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue. § 276. [Sec....
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The Code of Procedure of the State of New York: As Amended by the ...

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 may grant him any relief consistent with the case made by the complaint and embraced within the issue. Raw of §276....
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 Seiten
...measure of relief to be granted to the plaintiff is prescribed in the following terms : — § 275. The relief granted to the plaintiff, if there be no...; but, in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue. § 276. Whenever...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 Seiten
...trial. Wilsun v. Wheeler, 6 Pr. R.,49. § 275. [231.] The relief to be awarded to the plaintiff.— The relief granted to the plaintiff, if there be no answer, cannot ceed that which he shall have demanded iu his complaint ; ,t in any other case, the court may grant...
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Practice Reports in the Supreme Court and Court of Appeals, Band 8

Nathan Howard (Jr.) - 1853 - 594 Seiten
...entitled. If the recovery of money be demanded, the amount thereof shall be stated. Section 275 enacts, " The relief granted to the plaintiff, if there be no...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 issue." In this...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 Seiten
...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; but in any other case, the court may grant him any relief consistent with the case made by the complaint, and embraced within the issue. SEC. 148....
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