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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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Laws of the State of New York, Band 2

New York (State) - 1876
...in the complaint. Where there is an answer, the court may permit the plaintiff to take any judgment, consistent with the case made by the complaint, and embraced within the issue. § 1208. Where either party is entitled to recover damages, he may recover any rate of damages, which...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit ..., Band 9

1880
...sale for the purpose of making the amount of the unpaid purchase money. Also, That this relief, being consistent with the case made by the complaint and embraced within the issue, can be granted, although not specifically demanded by the complaint — Benedict \ Benedict* aL, 123....
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Reports of Cases Decided in the Supreme Court of the State of Utah, Band 32

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1908
...a mortgage' is simply a conclusion of law." (Hussey v. Smith, 1 Utah 241; section 3187, Rev. Stat.) "The relief granted to the plaintiff, if there be...that which he shall have demanded in his complaint." "A judgment must accord with and be warranted by the pleadings of the party in whose favor it is rendered....
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Reports of Cases Decided in the Supreme Court of the State of Utah, Band 2

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1881
...statement of facts constituting the cause of action in the complaint, will authorize any relief which is " consistent with the case made by the complaint and embraced within the issue." The " case Christian Rliumke v. Jeter Clinton et al. made "in both complaints is the trespass. Single...
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The Code of Civil Procedure of the State of New York: Being Chapter 448 of ...

1877 - 341 Seiten
...in the complaint. Where there is an answer, the court may permit the plaintiff to take any judgment, consistent with the case made by the complaint, and embraced within the issue. § 1208. Where either party is entitled to recover damages, he may recover any rate of damages, which...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Band 3

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1884
...regardless of whether or not the fire is the result of negligence; because it would not be granting relief consistent with the case made by the complaint and embraced within its issues, and would be to allow the plaintiff to recover under a different form of action than the...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions

North Carolina, Albion W. Tourgée - 1878 - 437 Seiten
...partners. Sloau t>. McDowell, 71—356. • { •; U>. Tl.. relief to be awarded to i In plaintiff. The relief granted to the plaintiff, if there be no...shall have demanded in his complaint; but in any other cuse, the court may grant him any relief consistent with the case made by the complaint and embraced...
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Estee's Pleadings, Practice and Forms: In Actions Both Legal and ..., Band 1

Morris March Estee - 1878
...But in any other case than a default of the defendant, as where issue is joined, the court may grant any relief consistent with the case made by the complaint and embraced within the issue : Cal. Code CP, sec. 580; Savings and Loan Society v. Thompson, 32 Cal. 347. So that where there is...
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The Code of Civil Procedure of the State of New York, Being Chapter 448 of ...

New York (State) - 1879 - 353 Seiten
...in the complaint. Where there is an answer, the court may permit the plaintiff to take any judgment, consistent with the case made by the complaint, and embraced within the issue. § 1208. Where either party is entitled to recover damages, he may recover any rate of damages, which...
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The Practice Act of the State of Connecticut: With the Orders, Rules, and ...

Connecticut - 1879 - 319 Seiten
...for SEC. 6. Upon a default, the plaintiff can have no greater relief relief, misconceived, than that demanded in his complaint, but in any other case the Court may, in its discretion, upon a proper amendment, grant him any other relief consistent with the case made...
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