 | Montana (Ter.) - 1866 - 792 sider
...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 the issue. self at any time before trial, upon the payment of costs, if a counter claim has not been made. If... | |
 | Montana - 1866 - 802 sider
...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 the issue. SEC. 121. An action may be dismissed, or judgment of nonsuit entered, in the following cases : First,... | |
 | Nathan Howard (Jr.) - 1866 - 656 sider
...in the manner provided by it " (§ 468). Every court has power, where an answer is put in to grant relief consistent with the case made by the complaint and embraced within the issue (Id. § 275). The court in this action had power, therefore, to admeasure and enforce the plain tiff's... | |
 | New York (State). Court of Appeals, Emerson Willard Keyes - 1867 - 636 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, § 275.) In the present case, the only relief that could have been granted "consistent with the complaint and... | |
 | Anthony L. Robertson - 1867 - 786 sider
...of an equitable kind. (§ 167.) The defendant having answered, has entitled the plaintiffs to obtain any relief consistent with the case made by the complaint, and embraced within the issue. (Code, § 272.) The objection of the unsuitableness of the relief asked in the complaint, to the case made,... | |
 | New York (State) - 1867 - 1086 sider
...interfered with by the court, inasmuch as the court upon the trial, whatever be the relief prayed, will grant any relief consistent with the case made by the complaint and embraced within the issue, and on default no relief can be granted exceeding that demanded by the complaint (Redmond v. Dana,... | |
 | John Townshend - 1867 - 298 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. [282.] Bate of damages where damages are recoverable. Whenever damages are recoverable, the... | |
 | Joel Tiffany, New York (State). Court of Appeals - 1868 - 802 sider
...statute, providing that, where the Defendants appear and answer, the Court may grant the Plaintiff any relief consistent with the case made by the complaint, and embraced within the issue (Code, § 275), it is not error to allow the Plaintiff any judgment to which, upon the allegations and proof, he is entitled... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 sider
...Section 275 of the Code provides that if the Defendant has answered, the Court may grant the Plaintiff any relief consistent with the case made by the complaint, and embraced within the issue. The Supreme Court therefore had the power to amend the statement and judgment, as we have seen. It... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1868 - 672 sider
...and render a judgment against the defendants for the full amount of the verdict, because the same was consistent with the case made by the complaint and embraced within the issue. (Code, § 275.) The decision in the action in favor of John W. Audubon and "Victor G. Audubon, tried before Judge INQRAHAH,... | |
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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... 
