 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
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1881 - 678 páginas
...statement of facts constituting the cause of action in the complaint, will authorize any relief which is " consistent with the case made by the complaint and embraced within the issue." The " case Christian Rliumke v. Jeter Clinton et al. made "in both complaints is the trespass.... | |
 | Morris March Estee - 1878 - 648 páginas
...other case than a default of the defendant, as where issue is joined, the court may grant any relief consistent with the case made by the complaint and embraced within the issue : Cal. Code CP, sec. 580; Savings and Loan Society v. Thompson, 32 Cal. 347. So that where there... | |
 | North Carolina, Albion W. Tourgée - 1878 - 484 páginas
...he shall have demanded in his complaint; but in any other cuse, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue. A tenant in common in personalty cannot recover specific good* from a co-tenant. His remedy... | |
 | New York (State) - 1879 - 436 páginas
...in the complaint. Where there is an answer, the court may permit the plaintiff to take any judgment, consistent with the case made by the complaint, and embraced within the issue. § 1208. Where either party is entitled to recover damages, he may recover any rate of damages,... | |
 | South Carolina, Robert A. Lynch - 1880 - 256 páginas
...have demanded in his plaintiff, 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. 300. Whenever damages are recoverable, the plaintiff may Rate of dllm. claim and recover,... | |
 | 1881 - 1900 páginas
...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... | |
 | California - 1880 - 864 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. EXTENT OF RELIEF. Default, judgment by— demand of complaint limits relief, 11 Cal. 19; 20... | |
 | Idaho (Ter.) - 1881 - 588 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. Action may be g Kr; . 354. An action may be dismissed, or a judgment nonsuit en- of nonsuit... | |
 | New York (State) - 1881 - 1532 páginas
...the complaint. (1) Where there is an answer, the court may permit the plaintiff to take auy judgment, consistent with the case made by the complaint, and embraced within the issue.(2) Co. Proc., 1 274. (1) Andrew! t. Monllaws, 8 Hun, A3; Slmonson r. Bl»tc, 12 Abb. J3I ; 20... | |
 | United States. Department of State - 1882 - 260 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. 5!l. An action may be dismissed, or a judgment of non suit entered, in the following cases:... | |
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