 | District of Columbia - 1857 - 788 стор.
...relief granted to the plaintiff, if there be no answer, shall not exceed the relief demanded in the complaint ; but in any other case the court may grant...made by the complaint and embraced within the issue. SBC. 21. All judgments and orders shall be entered on the journal of the minutes of the court, and... | |
 | California - 1858 - 320 стор.
...Franklin, 6 Cal., 607. > 147. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint...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 стор.
...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 стор.
...v. Franklin, 6 Cal. 607. 147. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint...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 стор.
...answered the demurrer. The § 275 of the code is: " The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded...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 стор.
...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... | |
 | New York (State) - 1863 - 1026 стор.
...Ab., 60; 4 Ab., 367; 1 Ab., 2, 48, 141. § 275. The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded...made by the complaint and embraced within the issue. 20 NT, 64 ; 12 NT, 341 ; 32 B., 206 , 30 B., 340 ; 28 B., 190 ; 26 B., 360; 23 B., 555 ; 20 B., 121... | |
 | Henry Whittaker - 1863 - 1154 стор.
...judgment must be given accordingly. § 275. (231.) The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded...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... | |
 | California - 1863 - 756 стор.
...be awarded to the plaintiff '. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint...made by the complaint, and embraced within the issue. T. Where judgment is taken by default, no relief can he given beyond that demanded in the complaint.... | |
 | Oliver Lorenzo Barbour - 1863 - 732 стор.
...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... | |
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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... 
