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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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Pacific Coast Collection Laws: A Summary of the Laws of California, Nevada ...

Jonathan Henry Jellett - 1880 - 385 Seiten
...whenever a several judgment is proper. The relief granted to the plaintiff, if there be no answer, can not exceed that which he shall have demanded in his complaint...made by the complaint and embraced within the issue. An action may be dismissed, or a judgment of nonsuit entered, in the following cases : 1. By the plaintiff...
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The Code of Procedure of the State of South Carolina: Originally Adopted ...

South Carolina, Robert A. Lynch - 1880 - 247 Seiten
...there be no The relief to answer, cannot exceed that which he shall have demanded in his plaintiff, complaint; but in any other case the Court may grant...made by the complaint and embraced within the issue. SEC. 300. Whenever damages are recoverable, the plaintiff may Rate of dllm. claim and recover, if he...
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North Carolina Reports: Cases Argued and Determined in the Supreme ..., Band 82

North Carolina. Supreme Court - 1880
...his damages, if not on the special contract, at least in general assumpsit. The relief, we think, was consistent with the case made by the complaint and embraced within the issue, and the plaintiff was entitled thereto on his case as it was. It was error in the court below to refuse...
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The Federal Reporter: Cases Argued and Determined in the Circuit ..., Bände 7-8

1881
...Code of Procedure, if there were an answer, the court might permit the plaintiffs to take any judgment consistent with the case made by the complaint and embraced within the issue; that, therefore, if, on the appearance of the two corporations, the lease were adjudged to be valid...
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Laws of the Territory of Idaho

Idaho (Ter.) - 1881
...if there be awarded to " , . . . . I' . '. . the plaintiff, be no answer, cannot exceed that winch he shall have demanded in his complaint; but in any...made by the complaint and embraced within the issue. Action may be g Kr; . 354. An action may be dismissed, or a judgment nonsuit en- of nonsuit entered,...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Band 51

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1881
...this action, out of power to assert such a demand. No claim of the kind is made by the complaint; and "the relief granted to the plaintiff, if there be...cannot exceed that which he shall have demanded in the complaint." 2 Tay. Stats., 1503, § 36; ES, sec. 2886; BullwinTcerv. Ryker, 12 Abb. Pr., 311. The...
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Columbia Law Times: A Monthly Review Devoted to Law and Political ..., Band 2

1889
...nature of the action, and where an answer is interposed the court will grant the judgment which shall be consistent with the case made by the complaint and embraced within the issues, if sustained by the evidence, irrespective of the relief demanded in the complaint. The mere...
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Reports of Cases Determined in the District Courts of Appeal of the ..., Band 37

1920
...prayer for relief is omitted in the complaint. Section 580 of the Code of Civil Procedure provides that "the relief granted to the plaintiff, if there be...made by the complaint and embraced within the issue." This section plainly shows that the plaintiff may have some relief without regard to the prayer where...
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Reports of Cases Determined in the Courts of Appeal of the State of ..., Band 37

1920
...for relief is omitted in the complaint. Section 580 of the Code of Civil Procedure provides that ' ' the relief granted to the plaintiff, if there be no...made by the complaint and embraced within the issue." This section plainly shows that the plaintiff may have some relief without regard to the prayer where...
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Officers and Members: Report of Proceedings of the Annual Meeting, Band 4

Vermont Bar Association - 1895
...and it may determine the ultimate rights of the parties on each side as between themselves. SEC. 231. The relief granted to the plaintiff, if there be no...made by the complaint, and embraced within the issue. SEC. 232. Whenever damages are recoverable the plaintiff may claim and recover, if he show himself...
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