 | South Carolina - 1868 - 942 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. Rate of dam- SEC. 300. Whenever damages are recoverable, the plaintiff may claim !ifiuvihesetre an(^... | |
 | Anthony L. Robertson - 1868 - 778 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 plaintiff's... | |
 | North Carolina. Supreme Court - 1878 - 760 sider
...material allegation being numbered. CC P. § 93 (2). The judgment where tliere is an answer may be for any relief consistent with the case made by the complaint and embraced within the issue. § 219. It is the apparent purpose of the new system, while simplifying the method of procedure, to... | |
 | 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 - 1870 - 712 sider
...improper relief is primarily demanded. It is competent for the court, under such circumstances, to grant any relief consistent with the case made by the complaint and embraced within the issue (section 275 of the Code) and the statement of the right of the plaintiff and its infringement by a... | |
 | Nathan Howard (Jr.) - 1870 - 680 sider
...; if the defendant answers, then the form of the demand is quite unimportant, as the court may then grant any relief consistent with the case made by the complaint, and embraced within the issue. This is not the case of two actions improperly joined in the complaint, but a case where the facts... | |
 | Utah (Ter.) - 1870 - 162 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. 150. An action may be dismissed, or a judgment of nonsuit entered in the following cases: First... | |
 | New York (State), John Townshend - 1870 - 896 sider
...which he shall have demanded in his complaint ; but, (2.) In any other case, the court may grant him any relief consistent with the case made by the complaint, and embraced within the issue. e. Judgment where no an§wer. — Where a complaint asks for specific relief, and the defendant makes... | |
 | Abraham Lansing - 1870 - 590 sider
...case, that is, in all cases where the defendant puts in an answer, the court may grant the plaintiff any relief consistent with the case made by the complaint, and embraced within the issue. (§ 275.) Whenever damages are recoverable, the plaintiff may claim and recover, if he shoios himself... | |
 | North Carolina. Supreme Court - 1870 - 952 sider
...plaintiff and defendant were tenants in common of the articles : //./•/, that the Court could give no "relief consistent with the case made by the complaint, and embraced within the issue." Powell v. Hiil, 169. 2. A tenant in common cannot maintain an action against a co-tenant to recover... | |
 | 1887 - 542 sider
...§ 233; Moore v. Hobbt, 77 NC 65), and then the court will give such relief as is consistent v. ith the case made by the complaint and embraced within the issue. Code, §425; Knight v. HoughtaUing, 85 NC 17; Gates v. Kendall, 67 NC 241. This actiou then, according to... | |
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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... 
