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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... "
First[-Fourth] Report of the Commissioners on Practice and Pleadings ... - Page 194
by New York (State). Commissioners on Practice and Pleadings - 1848
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - Law - 1848
...^31. The relief granted to the plaintiff, if there he no lief plaintiff ' 6> . . , " .. ' to have, answer, cannot exceed that which he shall- have demanded...made by the complaint, and embraced within the issue. Rme of 232. Whenever damages are recoverable, the plainwhenfda tiff may claim and recover, ii' he...
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Reports of Cases of Practice Decided by the Supreme Court and ..., Volume 3

Nathan Howard, New York (State). Supreme Court - Civil procedure - 1851
...put in, the relief granted to the Plaintiff cannot exceed that demanded in his complaint, but that in any other case the court may grant him any relief...made by the complaint and embraced within the issue. Under this last section, the Plaintiffs would clearly be entitled to relief on the trial. Under the...
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The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 791 pages
...to proceed against the others, whenever a several judgment is proper. Amended Code, 274 751. The relief granted to the plaintiff, if there be no...in his complaint; but in any other case, the court m sy grant him any relief consistent with the case made by the complaint, and embraced within the issue....
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The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 791 pages
...cannot exceed that which he shall have demanded in his complaint; but in any other case, the court m :y grant him any relief consistent with the case made by the complaint, and embraced within the issue. Amended Code, 275. 752. The action may be dismissed without a final determination of its merits,...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New York Bar - Civil procedure - 1851 - 394 pages
...5 Pr. R., 14. See note to section 258. 275. [231.] The relief to be awarded to the plaintiff. — The relief granted to the plaintiff, if there be no...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 the bill. Crocket...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - Civil procedure - 1851 - 204 pages
...to the plaintiff, if t^erelief there be no answer, cannot exceed that which he shall have ?u pr*nw 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, J*^"^ the plaintiff may claim and recover, if...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - Civil procedure - 1851 - 207 pages
...plaintiff, if there be no irJjmicii io answer, cannot exceed thV which he shall have demandiJT. ""' ed in his complaint ; but in any other case, the court...made by the complaint and embraced within the issue. Raw of 276. Whenever damages are recoverable, the plaintiff whero may claim and recover, if he show...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 869 pages
...measure of relief to be granted to the plaintiff is prescribed in the following terms : — 275. The relief granted to the plaintiff, if there be no...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...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State). - Civil procedure - 1852 - 590 pages
...plaintiff, if there be no answer, cannot ceed that which he shall have demanded iu his complaint ; ,t in any other case, the court may grant him any relief...made by the complaint, and embraced within the issue. The rule in equity was that no relief could be granted except for matter slated in bill. Crocket v....
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Practice Reports in the Supreme Court and Court of Appeals, Volume 7

Nathan Howard, New York (State). Supreme Court - Civil procedure - 1852
...the same section proceeds to enact that " in any other case, the court may grant him (the plaintiff) any relief consistent with the case made by the complaint and embraced within the issue." In all actions, therefore, which -are defended, it is of no consequence what is the demand for relief...
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