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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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Transcript Appeals: The File of Opinions in Cases Argued Before ..., Bände 3-4

New York (State). Court of Appeals, Joel Tiffany - 1868
...Section 275 of the Code provides that if the Defendant has answered, the Court may grant the Plaintiff any relief consistent with the case made by the complaint, and embraced within the issue. The Supreme Court therefore had the power to amend the statement and judgment, as we have seen. It...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Band 27

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1868
...and render a judgment against the defendants for the full amount of the verdict, because the same was consistent with the case made by the complaint and embraced within the issue. (Code, § 275.) The decision in the action in favor of John W. Audubon and "Victor G. Audubon, tried before...
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Reports of Cases Argued and Determined in the Superior Court of the City of ...

Anthony L. Robertson, New York (State). Superior Court (New York) - 1868
...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 plaintiff's...
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The Code of Procedure of the State of New York as Amended by the Legislature ...

New York (State). - 1869 - 217 Seiten
...amount be less than one hundred dollars. § 275. The relief granted to the plaintiff, if there be DO answer, cannot exceed that which he shall have demanded...made by the complaint and embraced within the issue. § 276. Whenever damages are recoverable, the plaintiff may claim and recover, if he show himself entitled...
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North Carolina Reports: Cases Argued and Determined in the Supreme ..., Band 79

North Carolina. Supreme Court - 1878
...material allegation being numbered. CC P. § 93 (2). The judgment where tliere is an answer may be for any relief consistent with the case made by the complaint and embraced within the issue. § 219. It is the apparent purpose of the new system, while simplifying the method of procedure, to...
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Reports of Practice Cases, Determined in the Courts of the State of ..., Band 7

Austin Abbott - 1870
...Republic, 6 Robt., 497. :3. Section 275 of the Code, — which provides that "the relief granted to a plaintiff, if there be no answer, cannot exceed that...with the case made by the complaint, and embraced with the issue, — relieves a plaintiff from any technical objection that he has not prayed for the...
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Acts, Resolutions and Memorials Passed at the Annual Sessions of the ...

Utah (Ter.) - 1870
...judgment is proper. SEC. 149. 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. 150. An action may be dismissed, or a judgment of nonsuit entered in the following cases: First...
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The Code of Procedure of the State of New York, as Amended to 1870: With ...

New York (State), John Townshend - 1870 - 861 Seiten
...against her follows the ordinary form. § *J7."i. The relief to be awarded to the plaintiff". (1.) The relief granted to the plaintiff, if there be no...which he shall have demanded in his complaint ; but, (2.) In any other case, the court may grant him any relief consistent with the case made by the complaint,...
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The Code of Procedure of the State of New York, 1870: With Art. VI of the ...

1870 - 281 Seiten
...plaintiff, if there he no answer, caunot exceed that which he shall have demanded in his complaint; hut in any other case, the court may grant him any relief consistent with the case made hy the complaint and emhraced within the issue. g 270. Whenever damages are recoverahle, the plaintiff...
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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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