 | 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...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,... | |
 | New York (State). Legislature - 1848 - 672 páginas
...^£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...consistent with the case made by the complaint, and embraced within the issue. Rme of §232. Whenever damages are recoverable, the plainwhenfda tiff may... | |
 | Nathan Howard (Jr.) - 1851 - 452 páginas
...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 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...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), 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...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 páginas
...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,...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 páginas
...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...consistent with the case made by the complaint and embraced within the issue. Raw of §276. Whenever damages are recoverable, the plaintiff whero may... | |
 | 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...consistent with the case made by the complaint and embraced within the issue. § 276. Whenever damages are recoverable, the plaintiff may claim and recover,... | |
 | New York (State) - 1852 - 606 páginas
...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 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... | |
 | 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...consistent with the case made by the complaint, and embraced within the issue." In this case no answer appears to have been put in as yet, and of course,... | |
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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... 
