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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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Reports of Cases Argued and Determined in the Supreme Court of ..., Band 14

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
...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...
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Statutes at Large of the State of New York: Comprising the Revised ..., Band 5

New York (State) - 1863
...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...
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Practice and Pleading in Actions in the Courts of Record in the ..., Band 2

Henry Whittaker - 1863
...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...
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The Civil Practice Act of the State of California: As Amended, with Notes ...

California - 1863 - 667 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....
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour - 1863
...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...
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The Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - 1864 - 315 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...
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Laws of the Territory of Idaho

Idaho - 1864
...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...
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Laws of the Territory of Idaho

Idaho (Ter.) - 1864
...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...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

New York (State). Supreme Court, Oliver Lorenzo Barbour - 1864
...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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Band 23

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
...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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