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Bøker Bok 110 av 165The relief granted to the plaintiff, if there be no answer, cannot exceed that which...
" 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... "
Reports of Practice Cases, Determined in the Courts of the State of New York ... - Side 407
av Austin Abbott, Benjamin Vaughan Abbott - 1857
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848
...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 the issue. It will be recollected that the plaintiff is required to state, in his complaint, the relief to which...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - 1848
...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 the issue. Rme of §232. Whenever damages are recoverable, the plainwhenfda tiff may claim and recover, ii' he...
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Reports of Cases of Practice Decided by the Supreme Court and Court ..., Volum 3

Nathan Howard - 1851
...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 on the trial. Under the...
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The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - 1850 - 791 sider
...that which 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,...
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The code of procedure of the State of New York: as amended by the ...

New York (State)., Henry Strong McCall - 1851 - 204 sider
...he shall 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...
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The Code of procedure, as amended July 10, 1851: with copious notes to each ...

New York (State), Member of the New York Bar - 1851 - 394 sider
...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 the issue. The rule in equity was that no relief could be granted except for matter stated in the bill. Crocket...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State) - 1851 - 207 sider
...which he shall 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...
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Practice Reports in the Supreme Court and Court of Appeals, Volum 7

Nathan Howard, Rowland M Stover - 1852
...275th section of the Code authorizes the court in any case in which the defendant has answered, to grant any relief consistent with the case made by the complaint and embraced within the issue. In other words, the judgment must be secundum allegata et probata. It must be appropriate to the facts...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State). - 1852 - 590 sider
...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 slated in bill. Crocket v....
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Practice and pleading under the codes, original and amended: with appendix ...

Henry Whittaker - 1852 - 869 sider
...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 the issue. § 276. Whenever damages are recoverable, the plaintiff may claim and recover, if he show himself entitled...
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