 | South Carolina - 1868 - 942 str.
...be no answer, canpfaintiirledt0 D0* 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. Rate of dam- SEC. 300. Whenever damages are recoverable, the plaintiff may claim !ifiuvihesetre an(^... | |
 | 1868 - 584 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 consistent with the case made by the complainant, and embraced within the issue." Suppose I should give judgment for the plaintiff on this... | |
 | California, Theodore Henry Hittell - 1868 - 410 str.
...plaintiff, if there he no answer, shall not exceed that which he shall have demanded in his complaint; hnt in any other case, the court may grant him any relief consistent with the case made hy the complaint, and emhraced within the issue. [10 Cal. 299; 22 Cal, 633. 651; 27 Cal. 655; 29 Cal.... | |
 | Joel Tiffany, New York (State). Court of Appeals - 1868 - 802 str.
...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... | |
 | Anthony L. Robertson - 1868 - 778 str.
...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... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 str.
...amend the statement and judgment, as we have seen. It also had the power to graiit such relief as was consistent with the case made by the complaint, and embraced within the issue. A good cause of action is not destroyed by adding allegations of immaterial matter (Marquat v. Marquat,... | |
 | 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 str.
...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... | |
 | North Carolina. Supreme Court - 1878 - 760 str.
...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), John Townshend - 1870 - 896 str.
...if there be no answer, cannot exceed that which he shall have demanded in his complaint ; but, (2.) In any other case, the court may grant him any relief...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... | |
 | Utah (Ter.) - 1870 - 162 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. SEC. 150. An action may be dismissed, or a judgment of nonsuit entered in the following cases: First... | |
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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... 
