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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... "
Practice and Pleading Under the Codes, Original and Amended: With Appendix ... - Page 505
by Henry Whittaker - 1852 - 869 pages
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...against the makers, or to be subrogated in the place of the plaintiff, on paying his recovery. § 23 1 . The relief granted to the plaintiff, if there be no...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...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - Law - 1848 - 672 pages
...^£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 (Jr.) - Civil procedure - 1851 - 452 pages
...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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Merchants' Magazine and Commercial Review, Volume 21

Commerce - 1849 - 716 pages
...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. Appeals lie to the Supreme Court from the judgments of the Circuit Court, by...
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Hunt's Merchants' Magazine and Commercial Review, Volume 21

Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - Commerce - 1849 - 710 pages
...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. Appeals lie to the Supreme Court from the judgments of the Circuit Court, by...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 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

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 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 - 410 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 - 244 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,...the complaint and embraced within the issue. § 276. [Sec. 232.] Whenever damages are recoverable, J*^"^ the plaintiff may claim and recover, if he show...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - Civil procedure - 1851 - 266 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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