 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 - Page 1181915Full view - About this book
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...against the makers, or to be subrogated in the place of the plaintiff, on paying his recovery. § 23 1 . The relief granted to the plaintiff, if there be no...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... | |
 | New York (State). Legislature - 1848 - 672 pages
...^£31. The relief granted to the plaintiff, if there he no lief plaintiff ' 6> . . , " .. ' to have, answer, cannot exceed that which he shall- have demanded...relief consistent with the case made by the complaint, and embraced within the issue. Rme of §232. Whenever damages are recoverable, the plainwhenfda tiff... | |
 | Nathan Howard (Jr.) - 1851 - 452 pages
...put in, the relief granted to the 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... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - 1849 - 710 pages
...plaintiff can have no other, or greater relief, than he asks in his petition ; but in all other cases, the court may grant him any relief consistent with the case made, and within the issues. Appeals lie to the Supreme Court from the judgments of the Circuit Court, by... | |
 | 1849 - 716 pages
...plaintiff can have no other, or greater relief, than he asks in his petition ; but in all other cases, the court may grant him any relief consistent with the case made, and within the issues. Appeals lie to the Supreme Court from the judgments of the Circuit Court, by... | |
 | New York (State). - 1850 - 920 pages
...to proceed against the others, whenever a several judgment is proper. Amended Code, § 274 § 751. The relief granted to the plaintiff, if there be no...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.... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...cannot exceed that which he shall have demanded in his complaint; but in any other case, the court m :y 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... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 pages
...5 Pr. R., 14. See note to section 258. §275. [231.] The relief to be awarded to the plaintiff. — The relief granted to the plaintiff, if there be no...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... | |
 | New York (State), Henry Strong McCall - 1851 - 244 pages
...to the plaintiff, if t^erelief there be no answer, cannot exceed that which he shall have ?u£ pr*nw demanded in his complaint ; but in any other case,...relief consistent with the case made by the complaint and embraced within the issue. § 276. [Sec. 232.] Whenever damages are recoverable, J*^"^ the plaintiff... | |
 | New York (State). - 1851 - 266 pages
...plaintiff, if there be no irJjmicii io answer, cannot exceed thV which he shall have demandiJT. ""' ed in his complaint ; but in any other case, the court...relief consistent with the case made by the complaint and embraced within the issue. Raw of §276. Whenever damages are recoverable, the plaintiff whero... | |
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