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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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Practice Reports in the Supreme Court and Court of Appeals, Band 38

Nathan Howard (Jr.), New York (State). Supreme Court - 1870
...the defendant answers, then the form of the demand is quite unimportant, as the court may then grant any relief consistent with the case made by the complaint, and embraced within the issue. This is not the case of two actions improperly joined in the complaint, but a case where the facts...
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Albany Law Journal, Band 2

1870
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Band 1

Abraham Lansing, New York (State). Supreme Court - 1870
...case, that is, in all cases where the defendant puts in an answer, the court may grant the plaintiff any relief consistent with the case made by the complaint, and embraced within the issue. (§ 275.) Whenever damages are recoverable, the plaintiff may claim and recover, if he shoios himself...
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North Carolina Reports: Cases Argued and Determined in the Supreme ..., Band 64

North Carolina. Supreme Court - 1870
...plaintiff and defendant were tenants in common of the articles : //./•/, that the Court could give no "relief consistent with the case made by the complaint, and embraced within the issue." Powell v. Hiil, 169. 2. A tenant in common cannot maintain an action against a co-tenant to recover...
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Albany Law Journal, Band 34

1887
...§ 233; Moore v. Hobbt, 77 NC 65), and then the court will give such relief as is consistent v. ith the case made by the complaint and embraced within the issue. Code, §425; Knight v. HoughtaUing, 85 NC 17; Gates v. Kendall, 67 NC 241. This actiou then, according to...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Band 2

Abraham Lansing, New York (State). Supreme Court - 1871
...answer, the relief cannot exceed the demand in the complaint ; in other cases, the court may grant any relief consistent with the case made by the complaint, and embraced within the issue. (Code, § 275.) Clark «. Bamer. It may be well for the plaintiff's counsel to consider whether, in case the...
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Senate Documents, Otherwise Publ. as Public Documents and Executive ..., Band 1

United States. Congress. Senate - 1871
...proper. ">i The relief granted to the plaintiff, if there be no answer, shall not exceed that whii'h he shall have demanded in his complaint; but, in any other case the court may grunt htm any relief consistent with the caso made by the complaint, and embraced within the issue....
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Reports of Decisions of the Supreme Court of the State of Nevada, Band 6

Nevada. Supreme Court - 1871
...granted relief to the extent of the damage claimed in the complaint, and upon trial the Court could grant any relief consistent with the case made by the complaint and embraced within the issue. A damage of $300 for killing grass for two seasons was alleged : the Court found damage by having such...
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - 1872 - 750 Seiten
...against the others, whenever a several judgment is proper. 28 Cal. 26; 29 Cal. 429. $ 580. (§ 147.) The relief granted to the plaintiff, if there be no...made by the complaint and embraced within the issue. lOCnl. 299; 11 Cal. 19; 20 Cal. 91, 628; 22 Cal. 633, 651 ; 27 Cal. 102, 655; 28 Cal. 289, 628 ; 29...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1872
...183. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he snail have demanded in his complaint; but in any other case...made by the complaint, and embraced within the issue. Sec. 184. An action may be dismissed or a judgment of a nonsuit entered in the following cases: First....
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