 | California, Henry Jacob Labatt - 1858 - 586 str.
...plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint ; but in any other case the court may grant him any relief...made by the complaint, and embraced within the issue. 1st. By the plaintiff himself, at any time before trial, upon the payment of costs, if a counter claim... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 718 str.
...complaint is personal against the defendants. If there be an answer, the court may grant the plaintiff " any relief consistent with the case made by the complaint and embraced within the issue." (Code, § 275.) No execution can be issued upon the judgment except such as shall require the sheriff... | |
 | California - 1860 - 388 str.
...plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint ; but in any other case the court may grant him any relief...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 str.
...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...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 str.
...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 str.
...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,...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... | |
 | Oliver Lorenzo Barbour - 1863 - 732 str.
...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 str.
...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...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... | |
 | John Townshend - 1864 - 320 str.
...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...made by the complaint and embraced within the issue. § 276. [282.] Rate of damages where damages are recoverable. Whenever damages are recoverable, the... | |
 | Idaho (Ter.) - 1864 - 762 str.
...plaintiff, if there be no answer, shall not 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 embaced within the issue. SEC. 148. An action may be dismissed or judgment of nonsuit entered in the... | |
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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... 
