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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... "
Practice Reports in the Supreme Court and Court of Appeals - Strana 161
autor/autoři: Nathan Howard (Jr.) - 1857
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 str.
...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. It will be recollected that the plaintiff is required to state, in his complaint, the relief to which...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - 1848 - 672 str.
...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. Rme of §232. Whenever damages are recoverable, the plainwhenfda tiff may claim and recover, ii' he...
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Reports of Cases of Practice Decided by the Supreme Court and ..., Svazek 3

Nathan Howard (Jr.) - 1851 - 452 str.
...Plaintiff cannot exceed that demanded in his complaint, but that in any other case the court may grant him any relief consistent with the case made by the complaint and embraced within the issue. Under this last section, the Plaintiffs would clearly be entitled to relief on the trial. Under the...
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The Code of Civil Procedure of the State of New York: Reported ..., Svazek 2

New York (State). - 1850 - 920 str.
...that which he shall have demanded in his complaint; but in any other case, the court m sy grant him any relief consistent with the case made by the complaint, and embraced within the issue. Amended Code, § 275. § 752. The action may be dismissed without a final determination of its merits,...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 str.
...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. The rule in equity was that no relief could be granted except for matter stated in the bill. Crocket...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - 1851 - 244 str.
...he shall have ?u£ pr*nw 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. [Sec. 232.] Whenever damages are recoverable, J*^"^ the plaintiff may claim and recover, if...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 str.
...which he shall have demandiJT. ""' ed 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. Raw of §276. Whenever damages are recoverable, the plaintiff whero may claim and recover, if he show...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 str.
...that which he shall have demanded iu his complaint ; ,t in any other case, the court may grant him any relief consistent with the case made by the complaint, and embraced within the issue. The rule in equity was that no relief could be granted except for matter slated in bill. Crocket v....
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 str.
...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. Whenever damages are recoverable, the plaintiff may claim and recover, if he show himself entitled...
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Wisconsin Session Laws

Wisconsin - 1853 - 810 str.
...shall have de I? "V^ji*0 manded in his complaint ; bat in any other case the' court eps " may grant him any relief consistent with the case made by the complaint and embraced within the issue. SEC. 186. Whenever damages are recoverable, the plain- Rates of damtiff may claim and recover, if he...
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