 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1861 - 700 Seiten
...had upon a proper complaint. Perk, ft., p. 661. Where an issue is made and tried, the Court grants any relief consistent with the case made by the complaint and embraced within the issue, without regard to the prayer for relief. Perk. Pr., p. 658. The judgment is reversed with costs, with... | |
 | New York (State) - 1863 - 1026 Seiten
...9 Ab., 18, 417; 8 Ab., 75; 7 Ab., 261; 6 Ab., 68; 6 Ab., 60; 4 Ab., 367; 1 Ab., 2, 48, 141. § 275. The relief granted to the plaintiff, if there be no...made by the complaint and embraced within the issue. 20 NT, 64 ; 12 NT, 341 ; 32 B., 206 , 30 B., 340 ; 28 B., 190 ; 26 B., 360; 23 B., 555 ; 20 B., 121... | |
 | Henry Whittaker - 1863 - 1154 Seiten
...defendant is entitled to any other affirmative relief, judgment must be given accordingly. § 275. (231.) The relief granted to the plaintiff, if there be no...made by the complaint, and embraced within the issue. § 276. (232.) Whenever damages are recoverable, the plaintiff may claim and recover, if he show himself... | |
 | California - 1863 - 756 Seiten
...be awarded to the plaintiff '. 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. T. Where judgment is taken by default, no relief can he given beyond that demanded in the complaint.... | |
 | Oliver Lorenzo Barbour - 1863 - 732 Seiten
...plaintiff any relief to which bis proof, on the trial, may seem to entitle him. but only such as is consistent with the case made by the complaint and embraced within the issue. Cowenhmen v. The City of Brooklyn, 9 2. Requisites and validity of a complaint under the title of the... | |
 | John Townshend - 1864 - 320 Seiten
...amount be less than one hundred dollars. § 275. [231.] The relief to be awarded to the plaintiff. The relief granted to the plaintiff, if there be no...made by the complaint and embraced within the issue. § 276. [282.] Rate of damages where damages are recoverable. Whenever damages are recoverable, the... | |
 | Idaho - 1864 - 734 Seiten
...judgment is proper. SEC. 147. The relict granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint;...consistent with the case made by the complaint and embaced within the issue. SEC. 148. An action may be dismissed or judgment of nonsuit entered in the... | |
 | Idaho (Ter.) - 1864 - 762 Seiten
...judgment is proper. SEC. 147. The relict granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint;...consistent with the case made by the complaint and embaced within the issue. SEC. 148. An action may be dismissed or judgment of nonsuit entered in the... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1864 - 716 Seiten
...People v. Cram, 8 id. 151.) The next section, 275, provides that the court may grant the plaintiff any relief consistent with the case made by the complaint, and embraced in the issue. Would it not have been entirely consistent with the complaint in this case, and with... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1865 - 722 Seiten
...defect." " Sec. 380. The relief granted to the plaintiff, if there be no answer, can not exceed the relief demanded in his complaint ; but, in any other case,...by the complaint, and embraced within the issue." "Sec. 580. No judgment shall be stayed or reversed . . for any defect . . which might be amended by... | |
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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... 
