 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 páginas
...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 answer, cannot exceed that which he shall have demanded in his complaint ; but in any other case, the court may grant him any relief... | |
 | New York (State). - 1850 - 920 páginas
...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 answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court m sy grant him any relief... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 páginas
...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 answer, cannot exceed that which he shall have demanded in his complaint ; but in any other case, the court may grant him any relief... | |
 | Henry Whittaker - 1852 - 900 páginas
...measure of relief to be granted to the plaintiff is prescribed in the following terms : — § 275. 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... | |
 | New York (State) - 1852 - 606 páginas
...trial. Wilsun v. Wheeler, 6 Pr. R.,49. § 275. [231.] The relief to be awarded to the plaintiff.— The relief granted to the plaintiff, if there be no answer, cannot ceed that which he shall have demanded iu his complaint ; ,t in any other case, the court may grant... | |
 | Nathan Howard (Jr.) - 1853 - 594 páginas
...entitled. If the recovery of money be demanded, the amount thereof shall be stated. Section 275 enacts, " 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... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1857 - 650 páginas
...injunction on the final hearing; but we do not so decide. The case is governed by 2 RS p. 123, s. 380, viz.: "The relief granted to the plaintiff if there be no answer, cannot exceed the relief demanded in his complaint." Thi.judgment being by default, so much of it as enjoins the... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1861 - 722 páginas
...cause of action. I think not. The plaintiff has not answered the demurrer. The § 275 of the code is: " 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... | |
 | Henry Whittaker - 1863 - 1154 páginas
...defendant is entitled to any other affirmative relief, judgment must be given accordingly. § 275. (231.) 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,... | |
 | New York (State) - 1863 - 1026 páginas
...9 Ab., 18, 417; 8 Ab., 75; 7 Ab., 261; 6 Ab., 68; 6 Ab., 60; 4 Ab., 367; 1 Ab., 2, 48, 141. § 275. 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... | |
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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... 
