 | South Carolina, Robert A. Lynch - 1880 - 256 sider
...which he shall have demanded in his plaintiff, 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. 300. Whenever damages are recoverable, the plaintiff may Rate of dllm. claim and recover, if he... | |
 | North Carolina. Supreme Court - 1880 - 792 sider
...his damages, if not on the special contract, at least in general assumpsit. The relief, we think, was consistent with the case made by the complaint and embraced within the issue, and the plaintiff was entitled thereto on his case as it was. It was error in the court below to refuse... | |
 | 1881 - 1900 sider
...Code of Procedure, if there were an answer, the court might permit the plaintiffs to take any judgment consistent with the case made by the complaint and embraced within the issue; that, therefore, if, on the appearance of the two corporations, the lease were adjudged to be valid... | |
 | Idaho (Ter.) - 1881 - 588 sider
...that winch 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. Action may be g Kr; . 354. An action may be dismissed, or a judgment nonsuit en- of nonsuit entered,... | |
 | New York (State) - 1881 - 1532 sider
...the complaint. (1) Where there is an answer, the court may permit the plaintiff to take auy judgment, consistent with the case made by the complaint, and embraced within the issue.(2) Co. Proc., 1 274. (1) Andrew! t. Monllaws, 8 Hun, A3; Slmonson r. Bl»tc, 12 Abb. J3I ; 20... | |
 | Nevada. Supreme Court - 1882 - 510 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." Mr. Bliss, in his Code Pleading, says: " The pleader should bear in mind the language of the rule,... | |
 | United States. Department of State - 1882 - 260 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. 5!l. An action may be dismissed, or a judgment of non suit entered, in the following cases: 1st. By... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1882 - 764 sider
...foreclosure and sale for the plaintiffs. There being an answer in the case, the plaintiffs were entitled to any relief consistent with the case made by the complaint and embraced Rogers and another, Ex'rs, vs. Burrus and husband, imp. within the issue. RS, sec. 2886; Leonard v.... | |
 | Nathan Howard (Jr.), Rowland M. Stover - 1883 - 666 sider
...prayer for judgment was for equitable relief, an answer having been interposed, the plaintiff could have any relief "consistent with the case made by the complaint and embraced within the issue." (Murtha agt. Curley, ante, 372.) 71. Section 1241 — When a direction to pay money will not be enforced... | |
 | 1883 - 676 sider
...even if the prayer for relief was defective, an answer having been interposed, plaintiff could have any relief consistent with the case made by the complaint and embraced within the issue ; and that, under the circumstances, a judgment for the precise sum of money claimed was proper. Reversing... | |
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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... 
