 | Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...entitled. If the recovery of money be demanded, the amount thereof shall be stated. Section 275 enacts, " The relief granted to the plaintiff, if there be no...by the complaint, and embraced within the issue." In this case no answer appears to have been put in as yet, and of course, no issues formed. This motion... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...judgment is proper. SEC. 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. SEC. 148. An action may be dismissed, or a judgment of nonsuit entered, in the following cases : 544... | |
 | Wisconsin - Session laws - 1853 - 810 pages
...which he shall have de I? "V^ji*0 manded in his complaint ; bat in any other case the' court eps " may grant him any relief consistent with the case...made by the complaint and embraced within the issue. SEC. 186. Whenever damages are recoverable, the plain- Rates of damtiff may claim and recover, if he... | |
 | New York (State) - Civil procedure - 1855 - 802 pages
...By the court, Harrison v. Wood, 2 Duer, 50. § 275. [231.] The relief to be awarded to the plaint!/. 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 land ; and... | |
 | Wisconsin - Session laws - 1856 - 334 pages
...he shall have de be awarded to manded in his complaint ; but in any other case the co"urt ep amUit may grant him any relief consistent with the case...made by the complaint and embraced within the issue. SEO. 186. Whenever damages are recoverable, the plain- Rates of damtiff may claim and recover, if he... | |
 | Civil procedure - 1856 - 598 pages
...correct. Under 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.... | |
 | William H. R. Wood - Law - 1857 - 834 pages
...proper. Акт. 882, Sec. 147. The relief granted to the plaintiff, if there be no answer, shall not Sec. 286. An order to set aside an indictment, as...prosecution for the same offense. Авт. 1573, Sec. 287. ART. 883, Sec. 148. An action may be dismissed or a judgment of nonsuit entered, in the following cases:... | |
 | District of Columbia - Law - 1857 - 788 pages
...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 - Civil procedure - 1858 - 320 pages
...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 - Law reports, digests, etc - 1858 - 718 pages
...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... | |
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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... 
