 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...  The Pacific Reporter - 325 페이지1897전체보기 - 도서 정보
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 페이지
...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 the issue. It will be recollected that the plaintiff is required to state, in his complaint, the relief to which... | |
 | New York (State). Legislature - 1848 - 672 페이지
...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 the issue. Rme of §232. Whenever damages are recoverable, the plainwhenfda tiff may claim and recover, ii' he... | |
 | Nathan Howard (Jr.) - 1851 - 452 페이지
...Plaintiff cannot exceed that demanded in his complaint, but that in any other case the court may grant him any relief consistent with the case made by the complaint and embraced within the issue. Under this last section, the Plaintiffs would clearly be entitled to relief on the trial. Under the... | |
 | New York (State). - 1850 - 920 페이지
...that which he shall have demanded in his complaint; but in any other case, the court m sy grant him any relief consistent with the case made by the complaint, and embraced within the issue. Amended Code, § 275. § 752. The action may be dismissed without a final determination of its merits,... | |
 | New York (State). - 1851 - 266 페이지
...which he shall have demandiJT. ""' ed 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 the issue. Raw of §276. Whenever damages are recoverable, the plaintiff whero may claim and recover, if he show... | |
 | New York (State), Henry Strong McCall - 1851 - 244 페이지
...he shall have ?u£ pr*nw 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 the issue. § 276. [Sec. 232.] Whenever damages are recoverable, J*^"^ the plaintiff may claim and recover, if... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 페이지
...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 the issue. The rule in equity was that no relief could be granted except for matter stated in the bill. Crocket... | |
 | Nathan Howard (Jr.) - 1852 - 576 페이지
...The 275th section of the Code authorizes the court in any case in which the defendant has answered, to grant any relief consistent with the case made by the complaint and embraced within the issue. In other words, the judgment must be secundum allegata et probata. It must be appropriate to the facts... | |
 | Henry Whittaker - 1852 - 900 페이지
...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 the issue. § 276. Whenever damages are recoverable, the plaintiff may claim and recover, if he show himself entitled... | |
 | New York (State) - 1852 - 606 페이지
...that which he shall have demanded iu his complaint ; ,t in any other case, the court may grant him any relief consistent with the case made by the complaint, and embraced within the issue. The rule in equity was that no relief could be granted except for matter slated in bill. Crocket v.... | |
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