 | 1884 - 948 sider
...This is not allowable under the 149th section of the practice act, because it would not be granting relief consistent with the case made by the complaint, and embraced within the issues, and would be to allow the appellant to recover under a different form of action from the one... | |
 | 1884 - 1060 sider
...relief thus grunted must be upon facts established by evidence admissible under the pleadings, and consistent with the case made by the complaint and embraced within the issues. The prayer for relief is not traversable, and forms no part of the cause of action. Judgment... | |
 | 1884 - 660 sider
...the rest. —Id. JUDGMENT. 1. Defendant having answered, a successful plaintiff may take any judgment consistent with the case made by the complaint and embraced within the" issue.—Baker i. AlcLoughlin et al., 29. 2. A judgment is not a contract or obligation within the... | |
 | 1885 - 1000 sider
...keep a water ditch in repair. The statute provides that, if the defendant has answered, the court may grant any relief consistent with the case made by the complaint and embraced within the issue. But the right, upon which the plaintiff recovered, is distinct Irom that averred in the complaint,... | |
 | 1885 - 1070 sider
...exceed that which he shall havo 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." This section 'See majority opinion, unie, 133. was adopted for the purpose of relieving the defendant... | |
 | United States. Supreme Court, Palmer Daniel Edmunds - 1938 - 782 sider
...Miller, 257 NY 349, 178 NE 555. See 231 App. Div. 587, 248 NY Supp. 213. 387. Demanding improper relief. "Under our present arrangement the same court has...made by the complaint and embraced within the issue. ..." Barlow v. Scott, 24 NY 40. 388. Demand as to defaulting defendant. A provision in a judgment in... | |
 | 1911 - 1162 sider
...damages. or "abatement of price"? If that relief Is equitable, the court may award it, provided It is "consistent with the case made by the complaint and embraced within the Issue." Code, § 297. I have attempted to show that It Is not "consistent with the case made by the complaint."... | |
 | California. District Courts of Appeal - 1908 - 766 sider
...verdict read In connection with the pleadings. In any case the relief that may be granted must lie consistent with the case made by the complaint and embraced within the issues. (Code Civ. Proc., sec. 580. > Appellant presents but one other point as calling for a reversal.... | |
 | New York (State). Courts - 1895 - 918 sider
...further proofs. Id. See FOXIER ADJUDICATION. JUDGMENT. 1. After answer » plaintiff may take any judgment consistent with the case made by the complaint and embraced within the issue. A suitor may not be dismissed without redress because he prays for too much or too little, or for wrong... | |
 | 1917 - 880 sider
...plaintiff's complaint, including the prayer, the usual code provision shall apply that the court may grant any relief consistent with the case made by the complaint and embraced within the issue8 and that the court shall be bound by the duty occasionally enjoined by statute, "to disregard... | |
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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... 
