 | New York (State). Commissioners on Practice and Pleadings - 1848 - 312 หน้า
...he shall have demanded in his complaint ; 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 that the plaintiff is required to state, in his complaint, the relief to which... | |
 | New York (State). Legislature - 1848 - 672 หน้า
...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. or ^ 230. Judgment may be given, for or against one or more coverable ,*Rate uf § 232. Whenever damages... | |
 | 1850 - 460 หน้า
...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. : " § 752. The action may be dismissed without a final determination of its merits, in the following... | |
 | New York (State), Henry Strong McCall - 1851 - 244 หน้า
...shall have fh^ 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, ^« the plaintiff may claim and recover, if he... | |
 | New York (State). - 1851 - 266 หน้า
...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... | |
 | New York (State) - 1852 - 606 หน้า
...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, and embraced •within the issue. The rule in equity was that no relief could be granted except for matter stated in Ihe bill. Crocket... | |
 | George Van Santvoord - 1852 - 676 หน้า
...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." 1 The complaint should be sufficiently full and certain to enable the court upon the proof or admission... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 หน้า
...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. .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
...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... | |
 | 1856 - 598 หน้า
...the Code the court may, if the defendant has answered the complaint, grant the plaintiff any relief consistent with the case made by the complaint and embraced within the issue. In case no answer has been put in, the relief granted cannot exceed that demanded in the complaint.... | |
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Where there is no answer, the judgment shall not be more favorable to the plaintiff, than that demanded 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,... 
