 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...  The Pacific Reporter - Stranica 1771899Potpun prikaz - O ovoj knjizi
 | John Townshend - 1864 - Broj stranica: 320
...plaintiff. 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...made by the complaint and embraced within the issue. § 276. [282.] Rate of damages where damages are recoverable. Whenever damages are recoverable, the... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - Broj stranica: 810
...be granted. 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...made by the complaint and embraced within the issue. Code of Pro.. §275. 107. If the defendant has answered the complaint, the demand of relief becomes... | |
 | Idaho - 1864 - Broj stranica: 734
...SEC. 147. The relict granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint; but, in any...consistent with the case made by the complaint and embaced within the issue. SEC. 148. An action may be dismissed or judgment of nonsuit entered in the... | |
 | Idaho (Ter.) - 1864 - Broj stranica: 762
...SEC. 147. The relict granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint; but, in any...consistent with the case made by the complaint and embaced within the issue. SEC. 148. An action may be dismissed or judgment of nonsuit entered in the... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1864 - Broj stranica: 716
...People v. Cram, 8 id. 151.) The next section, 275, provides that the court may grant the plaintiff any relief consistent with the case made by the complaint, and embraced in the issue. Would it not have been entirely consistent with the complaint in this case, and with... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1865 - Broj stranica: 722
...defect." " Sec. 380. The relief granted to the plaintiff, if there be no answer, can not exceed the relief demanded in his complaint ; but, in any other case,...by the complaint, and embraced within the issue." "Sec. 580. No judgment shall be stayed or reversed . . for any defect . . which might be amended by... | |
 | Montana (Ter.) - 1866 - Broj stranica: 792
...SEC. 120. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint, but in any other...made by the complaint, and embraced within the issue. self at any time before trial, upon the payment of costs, if a counter claim has not been made. If... | |
 | Idaho, Idaho Territory - 1866 - Broj stranica: 534
...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 ; but in any...made by the complaint and embraced within the issue. party upon the written consent of the other. Third. By the court, when the plaintiff fails to appear... | |
 | Montana - 1866 - Broj stranica: 802
...SEC. 120. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint, but in any other...made by the complaint, and embraced within the issue. SEC. 121. An action may be dismissed, or judgment of nonsuit entered, in the following cases : First,... | |
 | Nathan Howard (Jr.) - 1866 - Broj stranica: 656
...in the manner provided by it " (§ 468). Every court has power, where an answer is put in to grant relief consistent with the case made by the complaint and embraced within the issue (Id. § 275). The court in this action had power, therefore, to admeasure and enforce the plain tiff's... | |
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