 | California - 1863 - 756 páginas
...be awarded to the plaintiff '. 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. T. Where judgment is taken by default, no relief can he given beyond that... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 810 páginas
...Pr., 265 ; People e. Mayor, &c., of NY, 28 Sari., 240; SC, 8 Abbotts' Pr., 7. 106. What, relief may be granted. The relief granted to the plaintiff, if...consistent with the case made by the complaint and embraced within the issue. Code of Pro.. §275. 107. If the defendant has answered the complaint, the... | |
 | John Townshend - 1864 - 320 páginas
...amount be less than one hundred dollars. § 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. § 276. [282.] Rate of damages where damages are recoverable. Whenever damages... | |
 | Idaho (Ter.) - 1864 - 762 páginas
...judgment is proper. SEC. 147. The relict 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 embaced within the issue. SEC. 148. An action may be dismissed or judgment of nonsuit entered in the... | |
 | Idaho - 1864 - 734 páginas
...judgment is proper. SEC. 147. The relict 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 embaced within the issue. SEC. 148. An action may be dismissed or judgment of nonsuit entered in the... | |
 | 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 - 1865 - 722 páginas
...defect." " Sec. 380. The relief granted to the plaintiff, if there be no answer, can not exceed the relief demanded in his complaint ; but, in any other case,...consistent with the case made by the complaint, and embraced within the issue." "Sec. 580. No judgment shall be stayed or reversed . . for any defect .... | |
 | Montana - 1866 - 802 páginas
...judgment is proper. SEC. 120. 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. 121. An action may be dismissed, or judgment of nonsuit entered, in... | |
 | Montana (Ter.) - 1866 - 792 páginas
...judgment is proper. SEC. 120. 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. self at any time before trial, upon the payment of costs, if a counter claim... | |
 | New York (State). Court of Appeals, Emerson Willard Keyes - 1867 - 636 páginas
...all." The doctrine of this case is in harmony with the law as it now exists, the Code providing that " the relief granted to the plaintiff, if there be no...consistent with the case made by the complaint and embraced within the issue." (Code, § 275.) In the present case, the only relief that could have been... | |
 | John Townshend - 1867 - 298 páginas
...amount be less than one hundred dollars. § 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. § 276. [282.] Bate of damages where damages are recoverable. Whenever damages... | |
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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... 
