 | New York (State). Legislature - 1848 - 672 pages
...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... | |
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...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... | |
 | Nathan Howard (Jr.) - 1851 - 452 pages
...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 pages
...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), Henry Strong McCall - 1851 - 244 pages
...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). - 1851 - 266 pages
...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), Member of the New-York Bar - 1851 - 410 pages
...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... | |
 | Henry Whittaker - 1852 - 900 pages
...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... | |
 | Nathan Howard (Jr.) - 1852 - 576 pages
...quoted, and the plaintiffs are clearly entitled to legal instead of equitable relief, if such relief is consistent with the case made by the complaint and embraced within the issue. Let us see if such is the case. The legal relief is a judgment for money lent. Is it consistent with... | |
 | New York (State) - 1852 - 606 pages
...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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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... 
