 | California - 1860 - 388 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. 148. An action may be dismissed, or a judgment of non-suit entered in the following cases : 1st. By... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1861 - 722 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." Suppose I should give judgment for the plaintiff on this demurrer, with leave for the defendant to... | |
 | 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 - 1861 - 700 sider
...had upon a proper complaint. Perk, ft., p. 661. Where an issue is made and tried, the Court grants any relief consistent with the case made by the complaint and embraced within the issue, without regard to the prayer for relief. Perk. Pr., p. 658. The judgment is reversed with costs, with... | |
 | Henry Whittaker - 1863 - 1154 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. (232.) Whenever damages are recoverable, the plaintiff may claim and recover, if he show himself... | |
 | California - 1863 - 756 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. T. Where judgment is taken by default, no relief can he given beyond that demanded in the complaint.... | |
 | Oliver Lorenzo Barbour - 1863 - 732 sider
...plaintiff any relief to which bis proof, on the trial, may seem to entitle him. but only such as is consistent with the case made by the complaint and embraced within the issue. Cowenhmen v. The City of Brooklyn, 9 2. Requisites and validity of a complaint under the title of the... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 810 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. Code of Pro.. §275. 107. If the defendant has answered the complaint, the demand of relief becomes immaterial.... | |
 | Joseph S. Bosworth, New York (State). Superior Court (New York) - 1864 - 772 sider
...theretofore existing, (§ 140,) and that when an answer is put in, the Court may grant to the plaintiff, " any relief consistent with the case made by the complaint, and embraced within the issue." (Id., § 275.) Marquat v. Marquat, (2 Kern., 330,) favors the idea, that the plaintiffs may have judgment... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1864 - 716 sider
...People v. Cram, 8 id. 151.) The next section, 275, provides that the court may grant the plaintiff any relief consistent with the case made by the complaint, and embraced in the issue. Would it not have been entirely consistent with the complaint in this case, and with... | |
 | Idaho, Idaho Territory - 1866 - 534 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. party upon the written consent of the other. Third. By the court, when the plaintiff fails to appear... | |
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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... 
