| New York (State) - 1867 - 1086 páginas
...see Laws 1853, p. 1057, ante, p. 230 d). § 275. [231.] The relief to le awarded to the plaintiff. The relief granted to the plaintiff, if there be no...which he shall have demanded in his complaint; but in aiiy other case, the court may grant him any relief consistent with the case made by the complaint,... | |
| 1868 - 584 páginas
...action. I think not. The defendant has not answered, but demurred. Section 275 of the Code says : " The relief granted to the plaintiff, if there be no...him any relief consistent with the case made by the complainant, and embraced within the issue." Suppose I should give judgment for the plaintiff on this... | |
| South Carolina - 1868 - 942 páginas
...relief to SEC. 299. The relief granted to the plaintiff, if there be no answer, canpfaintiirledt0 D0* exceed that which he shall have demanded in his complaint...consistent with the case made by the complaint and embraced within the issue. Rate of dam- SEC. 300. Whenever damages are recoverable, the plaintiff may... | |
| California, Theodore Henry Hittell - 1868 - 410 páginas
...plaintiff, if there he no answer, shall not exceed that which he shall have demanded in his complaint; hnt in any other case, the court may grant him any relief consistent with the case made hy the complaint, and emhraced within the issue. [10 Cal. 299; 22 Cal, 633. 651; 27 Cal. 655; 29 Cal.... | |
| New York (State). - 1869 - 280 páginas
...amount be less than one hundred dollars. § 275. The relief granted to the plaintiff, if there be DO answer, cannot exceed that which he shall have demanded...consistent with the case made by the complaint and embraced within the issue. § 276. Whenever damages are recoverable, the plaintiff may claim and recover,... | |
| Austin Abbott - 1870 - 570 páginas
...Republic, 6 Robt., 497. :3. Section 275 of the Code, — which provides that "the relief granted to a plaintiff, if there be no answer, cannot exceed that...consistent with the case made by the complaint, and embraced with the issue, — relieves a plaintiff from any technical objection that he has not prayed... | |
| Utah (Ter.) - 1870 - 162 páginas
...judgment is proper. SEC. 149. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint;...consistent with the case made by the complaint and embraced within the issue. SEC. 150. An action may be dismissed, or a judgment of nonsuit entered in... | |
| New York (State), John Townshend - 1870 - 896 páginas
...against her follows the ordinary form. § *J7."i. The relief to be awarded to the plaintiff". (1.) The relief granted to the plaintiff, if there be no...which he shall have demanded in his complaint ; but, (2.) In any other case, the court may grant him any relief consistent with the case made by the complaint,... | |
| 1870 - 288 páginas
...plaintiff, if there he no answer, caunot exceed that which he shall have demanded in his complaint; hut in any other case, the court may grant him any relief consistent with the case made hy the complaint and emhraced within the issue. g 270. Whenever damages are recoverahle, the plaintiff... | |
| United States. Congress. Senate - 1871 - 1256 páginas
...proper. ">i The relief granted to the plaintiff, if there be no answer, shall not exceed that whii'h he shall have demanded in his complaint; but, in any other case the court may grunt htm any relief consistent with the caso made by the complaint, and embraced within the issue.... | |
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