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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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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1866
...judgment is proper. SEC. 120. 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. 121. An action may be dismissed, or judgment of nonsuit entered, in the following cases : First,...
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Laws of the Territory of Idaho

Idaho, Idaho Territory - 1866
...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. party upon the written consent of the other. Third. By the court, when the plaintiff fails to appear...
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Practice Reports in the Supreme Court and Court of Appeals, Band 31

Nathan Howard (Jr.), New York (State). Supreme Court - 1866
...in the manner provided by it " (§ 468). Every court has power, where an answer is put in to grant relief consistent with the case made by the complaint and embraced within the issue (Id. § 275). The court in this action had power, therefore, to admeasure and enforce the plain tiff's...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Band 1

New York (State). Court of Appeals - 1867
...all." The doctrine of this case is in harmony with the law as it now exists, the Code providing that " the relief granted to the plaintiff, if there be no...the complaint and embraced within the issue." (Code, § 275.) In the present case, the only relief that could have been granted "consistent with the complaint...
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The Code of Procedure of the State of New York, as Amended to 1867: With the ...

John Townshend - 1867 - 292 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.] Bate of damages where damages are recoverable. Whenever damages are recoverable, the...
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The Code of Procedure of the State of New York, as Amended to 1866, with ...

New York (State) - 1867 - 1063 Seiten
...see Laws 1853, p. 1057, ante, p. 230 d). § 275. [231.] The relief to le awarded to the plaintiff. The relief granted to the plaintiff, if there be no...which he shall have demanded in his complaint; but in aiiy other case, the court may grant him any relief consistent with the case made by the complaint,...
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Reports of Practice Cases, Determined in the Courts of the State of ..., Band 11

1868
...action. I think not. The defendant has not answered, but demurred. Section 275 of the Code says : " The relief granted to the plaintiff, if there be no...him any relief consistent with the case made by the complainant, and embraced within the issue." Suppose I should give judgment for the plaintiff on this...
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The Constitution of South Carolina: Adopted April 16, 1868, and the Acts and ...

South Carolina - 1868
...relief to SEC. 299. The relief granted to the plaintiff, if there be no answer, canpfaintiirledt0 D0* exceed that which he shall have demanded in his complaint...made by the complaint and embraced within the issue. Rate of dam- SEC. 300. Whenever damages are recoverable, the plaintiff may claim !ifiuvihesetre an(^...
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Transcript Appeals: The File of Opinions in Cases Argued Before ..., Bände 5-6

New York (State). Court of Appeals, Joel Tiffany - 1868
...statute, providing that, where the Defendants appear and answer, the Court may grant the Plaintiff any relief consistent with the case made by the complaint, and embraced within the issue (Code, § 275), it is not error to allow the Plaintiff any judgment to which, upon the allegations and proof,...
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The Civil Practice Act of the State of California

California, Theodore Henry Hittell - 1868 - 393 Seiten
...plaintiff, if there he no answer, shall not exceed that which he shall have demanded in his complaint; hnt in any other case, the court may grant him any relief consistent with the case made hy the complaint, and emhraced within the issue. [10 Cal. 299; 22 Cal, 633. 651; 27 Cal. 655; 29 Cal....
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