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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... "
Reports of Cases of Practice Decided by the Supreme Court and Court of ... - Strana 378
autor/autoři: Nathan Howard, New York (State). Supreme Court - 1851
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Reports of Cases Decided in the Supreme Court of the State of Utah, Svazek 3

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1884
...regardless of whether or not the fire is the result of negligence; because it would not be granting relief consistent with the case made by the complaint and embraced within its issues, and would be to allow the plaintiff to recover under a different form of action than the...
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The Code of Civil Procedure of North Carolina with Notes and Decisions

North Carolina - 1878 - 437 str.
...no answer, cannot exceed that which he shall have demanded in his complaint; but in any other cuse, the court may grant him any relief consistent with...made by the complaint and embraced within the issue. A tenant in common in personalty cannot recover specific good* from a co-tenant. His remedy is partition....
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Estee's Pleadings, Practice and Forms: In Actions Both Legal and ..., Svazek 1

Morris March Estee - 1878
...But in any other case than a default of the defendant, as where issue is joined, the court may grant any relief consistent with the case made by the complaint and embraced within the issue : Cal. Code CP, sec. 580; Savings and Loan Society v. Thompson, 32 Cal. 347. So that where there is...
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The Code of Civil Procedure of the State of New York, Being Chapter 448 of ...

New York (State) - 1879 - 353 str.
...in the complaint. Where there is an answer, the court may permit the plaintiff to take any judgment, consistent with the case made by the complaint, and embraced within the issue. § 1208. Where either party is entitled to recover damages, he may recover any rate of damages, which...
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The Code of Procedure of the State of South Carolina: Originally Adopted ...

South Carolina, Robert A. Lynch - 1880 - 247 str.
...relief to answer, cannot exceed that which he shall have demanded in his plaintiff, complaint; but in any other case the Court may grant him any relief...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...
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The Federal Reporter: Cases Argued and Determined in the Circuit ..., Svazky 7–8

1881
...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...
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North Carolina Reports: Cases Argued and Determined in the ..., Svazek 82

North Carolina. Supreme Court - 1880
...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...
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Laws of the Territory of Idaho

Idaho (Ter.) - 1881
...the plaintiff, be no answer, cannot exceed that winch 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. Action may be g Kr; . 354. An action may be dismissed, or a judgment nonsuit en- of nonsuit entered,...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1471 str.
...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...
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Extraterritoriality: A Letter to the Chairman of the Senate Committee on ...

United States. Department of State - 1882 - 234 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. 5!l. An action may be dismissed, or a judgment of non suit entered, in the following cases: 1st. By...
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