 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 頁
...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...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 頁
.... , " .. ' to have, answer, cannot exceed that which he shall- have demanded in his complaint ; but in any other case, the court may grant him any relief...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... | |
 | Nathan Howard (Jr.) - 1851 - 452 頁
...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... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - 1849 - 710 頁
...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... | |
 | 1849 - 716 頁
...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... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 頁
...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,... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 頁
...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...that no relief could be granted except for matter stated in the bill. Crocket v. Lee, 7 Wheat., 522. Norbury v. Mead, 3 Bligh, 211. And at law the jury... | |
 | New York (State), Henry Strong McCall - 1851 - 244 頁
...there be no answer, cannot exceed that which he shall have ?u£ pr*nw demanded in his complaint ; but in any other case, the court may grant him any relief...made by the complaint and embraced within the issue. § 276. [Sec. 232.] Whenever damages are recoverable, J*^"^ the plaintiff may claim and recover, if... | |
 | New York (State). - 1851 - 266 頁
...irJjmicii io answer, cannot exceed thV which he shall have demandiJT. ""' ed in his complaint ; but in any other case, the court may grant him any relief...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... | |
 | Henry Whittaker - 1852 - 900 頁
...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...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 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... 
