 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 New York Supplement - Página 1711901Vista completa - Acerca de este libro
 | Wisconsin - 1853 - 810 páginas
...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,... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 páginas
...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. SEC. 148. An action may be dismissed, or a judgment of nonsuit entered, in the following cases... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 páginas
...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 on the... | |
 | New York (State) - 1855 - 802 páginas
...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... | |
 | Wisconsin - 1856 - 334 páginas
...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,... | |
 | 1856 - 598 páginas
...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.... | |
 | Nathan Howard (Jr.) - 1857 - 630 páginas
...inconsistent with the case made by the latter complaint to declare the first assignment void. It would be consistent with the case made by the complaint, and embraced within an issue upon facts properly stated in the answer, which may result in proving the due execution and... | |
 | 1857 - 610 páginas
...consistent with the case made by the latter complaint to declare the first assignment void. It would be consistent with the case made by the complaint, and embraced within an issue upon facts properly stated in the answer, which may result in proving the due execution and... | |
 | District of Columbia - 1857 - 788 páginas
...exceed the relief demanded in the 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. SBC. 21. All judgments and orders shall be entered on the journal of the minutes of the court,... | |
 | William H. R. Wood - 1857 - 834 páginas
...he shall have demanded in his complaint : but, in any other case, the court may grant him any relief for the same offense. Авт. 1573, Sec. 287. issue. ART. 883, Sec. 148. An action may be dismissed or a judgment of nonsuit entered, in the following... | |
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