 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 páginas
...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... | |
 | New York (State). Legislature - 1848 - 672 páginas
...^£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... | |
 | Nathan Howard (Jr.) - 1851 - 452 páginas
...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... | |
 | 1849 - 716 páginas
...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... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - 1849 - 710 páginas
...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). - 1850 - 920 páginas
...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.... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 páginas
...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 páginas
...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... | |
 | New York (State), Henry Strong McCall - 1851 - 244 páginas
...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... | |
 | New York (State). - 1851 - 266 páginas
...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... | |
| |
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... 
