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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 Determined in the District Courts of Appeal of the ..., Band 62

1924 - 932 Seiten
...reason objectionable. Section 580 of the Code of Civil Procedure provides : "The relief granted to plaintiff, if there be no answer, cannot exceed that...grant him any relief consistent with the case made Kv the complaint and embraced within the issue. ' ' The relicf provided for by this section is confined...
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Reports of Cases Determined in the Courts of Appeal of the State of ..., Band 51

1923 - 916 Seiten
...the complaint to have been paid by plaintiff. Section 580 of the Code of Civil Procedure provides: "The relief granted to the plaintiff, if there be...that which he shall have demanded in his complaint." (Staacke v. Bell, 125 Cal. 309, [57 Pac. 1012].) And in Brooks v. Forington, 117 Cal. 219, [48 Pac....
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Reports of Cases Determined in the Courts of Appeal of the State of ..., Band 43

1922 - 952 Seiten
...default admits the material allegations of the complaint, and no more; and the relief to be awarded to the plaintiff, if there be no answer, cannot exceed...he shall have demanded in his complaint; but in any ease, the court may grant him any relief consistent with JUDGMENTS (Continued). the case made by the...
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Reports of Cases Determined in the District Courts of Appeal of the ..., Band 43

1922 - 952 Seiten
...default admits the material allegations of the complaint, and no more; and the relief to be awarded to the plaintiff, if there be no answer, cannot exceed...he shall have demanded in his complaint; but in any cage, the court may grant him any relief consistent with JUDGMENTS (Continued). the case made by the...
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Reports of Cases Determined in the District Courts of Appeal of the ..., Band 77

1927 - 952 Seiten
...the same time the charges of fraud were not sustained. The court had power to grant to the plaintiff "any relief consistent with the case made by the complaint and embraced within the issue." (Code Civ. Proc., sec. 580.) In that action however — as inspection of the judgmrnt-roll very plainly shows...
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Reports of Cases Determined in the Courts of Appeal of the State of ..., Band 77

1927 - 954 Seiten
...the same time the charges of fraud were not sustained. The court had power to grant to the plaintiff3 "any relief consistent with the case made by the complaint and embraced within the issue." (Code Civ. Proc., sec. 580.) In that action however — as inspection of the judgment-roll very plainly shows...
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Reports of Cases Determined in the Courts of Appeal of the State of ..., Band 8

1909 - 942 Seiten
...— RELIEF NOT LIMITED TO PRAYER — JURISDICTION. — Where an answer is filed, the court may grant any relief consistent with the case made by the complaint and embraced within the issues, and is not limited to the relief demanded in the prayer. In such case the jurisdiction of the...
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Reports of Cases Determined in the Courts of Appeal of the State of ..., Band 48

1922 - 948 Seiten
...special relief, and in which there is an answer to the complaint, the court may grant the plaintiffs any relief consistent with the case made by the complaint and embraced within the issues; and in such action it is error to grant a nonsuit as to one who is a proper, if not a necessary,...
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Reports of Cases Determined in the District Courts of Appeal of the ..., Band 48

1922 - 952 Seiten
...special relief, and in which there is an answer to the complaint, the court may grant the plaintiffs any relief consistent with the case made by the complaint and embraced within the issues; and in such action it is error to grant a nonsuit as to one who is a proper, if not a necessary,...
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Reports of Cases Determined in the Courts of Appeal of the State of ..., Band 9

1909 - 956 Seiten
...the verdict read in connection with the pleadings. In any case the relief that may be granted must be consistent with the case made by the complaint and embraced within the issues. (Code Civ. Proc., sec. 580.^ Appellant presents but one other point as calling for a reversal....
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