 | New York (State). Commissioners on Practice and Pleadings - 1848 - 312 หน้า
...against the makers, or to be subrogated in the place of the plaintiff, on paying his recovery. § 231. The relief granted to the plaintiff, if there be no...but in any other case, the court may grant him any lelief consistent with the case made by the complaint, and embraced within the issue. It will be recollected... | |
 | New York (State). Legislature - 1848 - 672 หน้า
...relief granted to the plaintiff, if there be no to have." answer, cannot exceed that which he shall-have demanded in his complaint; but in any other case,...made by the complaint, and embraced within the issue. or ^ 230. Judgment may be given, for or against one or more coverable ,*Rate uf § 232. Whenever damages... | |
 | 1849 - 714 หน้า
...plaintiff can have no other, or greater relief, than he asks in his petition ; but in all other cases, the court may grant him any relief consistent with the case made, and within the issues. In an action arising on a contract, the defendant may, at any time before judgment,... | |
 | 1849 - 716 หน้า
...plaintiff can have no other, or greater relief, than he asks in his petition; but in all other cases, the court may grant him any relief consistent with the case made, and within the issues. In an action arising on a contract, the defendant may, at any time before judgment,... | |
 | New York (State), Henry Strong McCall - 1851 - 244 หน้า
...the plaintiff, if t ? b e e relief there be no ans wer, cannot exceed that which he shall have fh^ demanded in his complaint ; but in any other case,...made by the complaint and embraced within the issue. ^ 276. [Sec. 232.] Whenever damages are recoverable, ^« the plaintiff may claim and recover, if he... | |
 | New York (State). - 1851 - 266 หน้า
...defendants, or to proceed in the cause against the defendant or defendants served. iw ret«/ $ - 7 ^- The relief granted to the plaintiff, if there be no , answer, cannot exceed tha 1 which he shall have demanded in his complaint ; but in any other case, the court may grant him... | |
 | George Van Santvoord - 1852 - 676 หน้า
...clause of the last sentence is somewhat modified by section 275, Amended Code, which provides that:— " The relief granted to the plaintiff, if there be no...by the complaint, and embraced within the issue." 1 The complaint should be sufficiently full and certain to enable the court upon the proof or admission... | |
 | New York (State) - 1852 - 606 หน้า
...Scranlon v. Baxter, 1 Code Rep., NS, 88. § 275. [231.] The relief to be awarded to the plaintiff.— The relief granted to the plaintiff, if there be no...that which he shall have demanded in his complaint ; "bat in any other case, the court may grant him any relief consistent with the case made by the complaint,... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 หน้า
...The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall.have demanded in his complaint; but in any other case,...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... | |
 | New York (State) - 1855 - 802 หน้า
...the court, Harrifon v. Wood, 2 Duer, 50. § 275. [231.] The relief to le awarded to the plaintiff. relief consistent with the case made by the complaint, and embraced -within the issue. a. Where a complaint alleged a loan of money to the defendants to enable them to purchase laud ; and... | |
| |
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... 
