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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... "
A Digest of New York Statutes and Reports: From the Earliest Period to the ... - Seite 474
von Benjamin Vaughan Abbott, Austin Abbott - 1864
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 207 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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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 869 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...made by the complaint and embraced within the issue. § 276. Whenever damages are recoverable, the plaintiff may claim and recover, if he show himself entitled...
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Practice Reports in the Supreme Court and Court of Appeals, Band 7

Nathan Howard (Jr.), New York (State). Supreme Court - 1852
...the same section proceeds to enact that " in any other case, the court may grant him (the plaintiff) any relief consistent with the case made by the complaint and embraced within the issue." In all actions, therefore, which -are defended, it is of no consequence what is the demand for relief...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State). - 1852 - 590 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.), New York (State). Supreme Court - 1853
...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...by the complaint, and embraced within the issue." In this case no answer appears to have been put in as yet, and of course, no issues formed. This motion...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, F. A. Snyder, S. Garfielde - 1853 - 1071 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;...made by the complaint, and embraced within the issue. SEC. 148. An action may be dismissed, or a judgment of nonsuit entered, in the following cases : 544...
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Wisconsin Session Laws

Wisconsin - 1853
...which he shall have de I? "V^ji*0 manded in his complaint ; bat in any other case the' court eps " may grant him any relief consistent with the case...made by the complaint and embraced within the issue. SEC. 186. Whenever damages are recoverable, the plain- Rates of damtiff may claim and recover, if he...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 798 Seiten
...By the court, Harrison v. Wood, 2 Duer, 50. § 275. [231.] The relief to be awarded to the plaint!/. relief consistent with the case made by the complaint, and embraced within the issue. a. Where a complaint alleged a loan of money to the defendants to enable them to purchase land ; and...
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Reports of Cases Argued and Determined in the Superior Court of the ..., Band 8

John Duer, New York (State). Superior Court (New York) - 1855
...jury, and that the court, although denymg the equitable relief demanded, had power to grant any other relief consistent with the case made by the complaint and embraced within the issues. id. 9. Held, therefore, that although the court at special term held the award to be binding...
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General Acts Passed by the Legislature of Wisconsin

Wisconsin - 1856
...he shall have de be awarded to manded in his complaint ; but in any other case the co"urt ep amUit may grant him any relief consistent with the case...made by the complaint and embraced within the issue. SEO. 186. Whenever damages are recoverable, the plain- Rates of damtiff may claim and recover, if he...
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