 | Montana - 1866 - 802 Seiten
...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,... | |
 | Idaho, Idaho Territory - 1866 - 534 Seiten
...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... | |
 | Nathan Howard (Jr.) - 1866 - 656 Seiten
...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... | |
 | New York (State). Court of Appeals, Emerson Willard Keyes - 1867 - 636 Seiten
...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... | |
 | John Townshend - 1867 - 298 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... | |
 | New York (State) - 1867 - 1086 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,... | |
 | 1868 - 584 Seiten
...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... | |
 | South Carolina - 1868 - 942 Seiten
...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(^... | |
 | Joel Tiffany, New York (State). Court of Appeals - 1868 - 802 Seiten
...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,... | |
 | California, Theodore Henry Hittell - 1868 - 410 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.... | |
| |
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... 
