 | 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 answer, cannot exceed that which he shall have demanded in his complaint ; but in any other case, the court may grant him any relief... | |
 | 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 answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court m sy grant him any relief... | |
 | 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 answer, cannot exceed that which he shall have demanded in his complaint ; but in any other case, the court may grant him any relief... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...measure of relief to be granted to the plaintiff is prescribed in the following terms : — § 275. 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... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...trial. Wilsun v. Wheeler, 6 Pr. R.,49. § 275. [231.] The relief to be awarded to the plaintiff.— The relief granted to the plaintiff, if there be no answer, cannot ceed that which he shall have demanded iu his complaint ; ,t in any other case, the court may grant... | |
 | 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 answer, cannot exceed that which he shall have demanded in his complaint, but in any other case, the court may grant him any relief... | |
 | 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 - Law reports, digests, etc - 1857 - 650 pages
...injunction on the final hearing; but we do not so decide. The case is governed by 2 RS p. 123, s. 380, viz.: "The relief granted to the plaintiff if there be no answer, cannot exceed the relief demanded in his complaint." Thi.judgment being by default, so much of it as enjoins the... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1861 - 722 pages
...cause of action. I think not. The plaintiff has not answered the demurrer. The § 275 of the code is: " 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... | |
 | Henry Whittaker - Civil procedure - 1863 - 1154 pages
...defendant is entitled to any other affirmative relief, judgment must be given accordingly. § 275. (231.) 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,... | |
 | New York (State) - Law - 1863 - 1026 pages
...9 Ab., 18, 417; 8 Ab., 75; 7 Ab., 261; 6 Ab., 68; 6 Ab., 60; 4 Ab., 367; 1 Ab., 2, 48, 141. § 275. 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... | |
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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... 
