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admitted affidavit alleged allowed amended amount answer appeal application appointed assignment attorney authority brought cause of action charge circuit claim Code commenced complaint constituting contained contract copy costs counsel damages decided decision defendant defendant's demand demurrer denied direct district effect entered entitled evidence examination execution facts further give given granted ground held husband intended interest issue judge judgment jurisdiction justice land leave matter ment mortgage motion moved necessary notice objection obtained opinion owner paid party payment person plaintiff pleading possession practice premises present proceedings proper proved provision question reason received recover referee relation rendered reply respect respondent rule served sheriff Special Term statute sufficient suit SUPREME COURT taken thereof tion trial wife witness
Página 476 - 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 issue.
Página 153 - Judgment may be given, for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may determine the ultimate rights of the parties on each side, as between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled.
Página 147 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Página 94 - The court before which an action is pending, or a judge or justice thereof, may, in their discretion, and upon due notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of any books, papers and documents in his possession, or under his control, containing evidence relating to the merits of the action, or the defense therein.
Página 73 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable or both, where they all arise out of, 1.
Página 274 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Página 169 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2.
Página 182 - So, when the defendant demurs on the ground that it appears on the face of the complaint that there is a defect of parties...