 | Nathan Howard (Jr.) - 1852 - 576 Seiten
...the same section proceeds to enact that " in any other case, the court may grant him (the plaintiff) any relief consistent with the case made by the complaint and embraced within the issue." In all actions, therefore, which -are defended, it is of no consequence what is the demand for relief... | |
 | Nathan Howard (Jr.) - 1853 - 594 Seiten
...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...by the complaint, and embraced within the issue." In this case no answer appears to have been put in as yet, and of course, no issues formed. This motion... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 Seiten
...plaintiff, if there be no answer, shall not exceed that which he shall. have demanded in his complaint; but in any other case, the court may grant him any relief...made by the complaint, and embraced within the issue. SEC. 148. An action may be dismissed, or a judgment of nonsuit entered, in the following cases : 544... | |
 | Wisconsin - 1853 - 810 Seiten
...which he shall have de I? "V^ji*0 manded in his complaint ; bat in any other case the' court eps " may grant him any relief consistent with the case...made by the complaint and embraced within the issue. SEC. 186. Whenever damages are recoverable, the plain- Rates of damtiff may claim and recover, if he... | |
 | New York (State) - 1855 - 802 Seiten
...By the court, Harrison v. Wood, 2 Duer, 50. § 275. [231.] The relief to be awarded to the plaint!/. relief consistent with the case made by the complaint, and embraced within the issue. a. Where a complaint alleged a loan of money to the defendants to enable them to purchase land ; and... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 Seiten
...jury, and that the court, although denymg the equitable relief demanded, had power to grant any other relief consistent with the case made by the complaint and embraced within the issues. id. 9. Held, therefore, that although the court at special term held the award to be binding... | |
 | Wisconsin - 1856 - 334 Seiten
...he shall have de be awarded to manded in his complaint ; but in any other case the co"urt ep amUit may grant him any relief consistent with the case...made by the complaint and embraced within the issue. SEO. 186. Whenever damages are recoverable, the plain- Rates of damtiff may claim and recover, if he... | |
 | 1856 - 598 Seiten
...correct. Under the Code the court may, if the defendant has answered the complaint, grant the plaintiff any relief consistent with the case made by the complaint and embraced within the issue. In case no answer has been put in, the relief granted cannot exceed that demanded in the complaint.... | |
 | District of Columbia - 1857 - 788 Seiten
...to the plaintiff, if there be no answer, shall not exceed the relief demanded in the complaint ; but in any other case the court may grant him any relief...made by the complaint and embraced within the issue. SBC. 21. All judgments and orders shall be entered on the journal of the minutes of the court, and... | |
 | William H. R. Wood - 1857 - 834 Seiten
...plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint : but, in any other case, the court may grant him any relief...made by the complaint and embraced within the issue. ART. 883, Sec. 148. An action may be dismissed or a judgment of nonsuit entered, in the following cases:... | |
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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... 
