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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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North Carolina Reports: Cases Argued and Determined in the Supreme ..., Band 67

North Carolina. Supreme Court - 1872
...not recover ; but this being a civil action, sec. 249, of the CCP, provides "that the relief grant ed to the- plaintiff if there be no answer, cannot exceed that which shall be demanded in his complaint ; bat in any other case, the Court inay grant him any relief consistent...
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The Practice at Law: In Equity, and in Special Proceedings, in All ..., Band 2

William Wait - 1873
...; if the defendant answers, then the form of the demand is unimportant, as the court may then grant any relief consistent with the case made by the complaint, and embraced within the issue. Hall v. Hall, 38 How. 97 ; ConaugMy v. Nichols, 42 N.. Y. (3 Hand) 83 ; Read v. Lambert, 10 Abb. N....
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The Law of Remedies for Torts: Including Replevin, Real Action, Pleading ...

Francis Hilliard - 1873 - 771 Seiten
...have judgment, under § 275 of the Code, because the relief which the proofs would warrant is not " consistent with the case made by the complaint and embraced within the issue." Complaint, that the plaintiff employed the defendants, as brokers, to purchase for him on credit certain...
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The Practice at Law: In Equity, and in Special Proceedings, in All ..., Band 3

William Wait - 1874
...also be tendered to the court. See Rule 88. Section 6. What relief may be granted in case of default. The relief granted to the plaintiff, if there be no...that which he shall have demanded in his complaint. Code, § 275. And it is not sufficient that the plaintiff states facts sufficient to entitle him to...
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The Code of Civil Procedure of the State of California, Band 1

California - 1874
...elect to do so, before all the defendants are served. People vs. Evans, 29 Cal., p. 429. 580. (§ 147.) The relief granted to the plaintiff, if there be no answer, cannot exceed that which lie shatl have demanded in his complaint; but in any other case, the Court may grant him any relief...
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United States Reports: Cases Adjudged in the Supreme Court, Band 84

United States. Supreme Court - 1874
...Missouri, 185. Opinion of the court. the court may grant the plaintiff any relief, under the code, consistent with the case made by the complaint and embraced within the issue.* So, where the facts are sufficiently stated in the petition, the Supreme Court of the State hold that...
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Code of Procedure of the State of New York: With Art. VI of the Constitution ...

New York (State) - 1875 - 481 Seiten
...the amount he less than one hundred dollars. 2 275. The relief granted to the plaintiff, if there he no answer, cannot 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...
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The Codes and Statutes of the State of California, Band 2

California, Theodore Henry Hittell - 1876 - 1861 Seiten
...whenever a several judgment is proper. 10.580. The relief to be awarded to the plaintiff. SEC. 580. The relief granted to the plaintiff, if there be no...made by the complaint and embraced within the issue. 10.581. Action may be dismissed or nonsuit entered. SEC. 581. An action may be dismissed, or a judgment...
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The Code of Procedure of the State of New York, with Art. VI of the ...

New York (State). - 1876 - 481 Seiten
...plaintilf, if there be no answer, caunot exceed that which he shall have demanded In his complamt; bnt in any other case, the court may grant him any relief...made by the complaint and embraced within the issue. 2 876. Whenever damages are recoverable, the plaintiff may claim and recover. If he show himself entitled...
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Reports of Practice Cases, Determined in the Courts of the State of ..., Band 4

Austin Abbott - 1857
...money, a serious difficulty would be presented. But when an answer has been put in, the court may grant any relief consistent with the case made by the complaint, and embraced within the issues (Code, § 275). In this case, therefore, if all the facts alleged in the complaint be proved,...
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