 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 Seiten
...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... | |
 | 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 - 672 Seiten
...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... | |
 | Anthony L. Robertson - 1868 - 778 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 plaintiff's... | |
 | New York (State). - 1869 - 280 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... | |
 | North Carolina. Supreme Court - 1878 - 760 Seiten
...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... | |
 | Austin Abbott - 1870 - 570 Seiten
...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... | |
 | Utah (Ter.) - 1870 - 162 Seiten
...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... | |
 | New York (State), John Townshend - 1870 - 896 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,... | |
 | 1870 - 288 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... | |
 | Nathan Howard (Jr.) - 1870 - 680 Seiten
...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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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... 
