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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... "
The Pacific Reporter - Page 173
1901
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...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 issue. It will be recollected that the plaintiff is required to state, in his complaint, the relief...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - Law - 1848 - 672 pages
...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 issue. Rme of §232. Whenever damages are recoverable, the plainwhenfda tiff may claim and recover,...
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Reports of Cases of Practice Decided by the Supreme Court and ..., Volume 3

Nathan Howard (Jr.) - Civil procedure - 1851 - 452 pages
...Plaintiff cannot exceed that demanded in his complaint, but that in any other case the court may grant him any relief consistent with the case 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...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 pages
...that which he shall have demanded 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. Amended Code, § 275. § 752. The action may be dismissed without a final determination of its...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...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 issue. The rule in equity was that no relief could be granted except for matter stated in the bill....
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...he shall have ?uŁ pr*nw 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 issue. § 276. [Sec. 232.] Whenever damages are recoverable, J*^"^ the plaintiff may claim and recover,...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - Civil procedure - 1851 - 266 pages
...which he shall have demandiJT. ""' ed 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 issue. Raw of §276. Whenever damages are recoverable, the plaintiff whero may claim and recover, if...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 900 pages
...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 issue. § 276. Whenever damages are recoverable, the plaintiff may claim and recover, if he show himself...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...that which he shall have demanded iu his complaint ; ,t in any other case, the court may grant him any relief consistent with the case made by the complaint, and embraced within the issue. The rule in equity was that no relief could be granted except for matter slated in bill. Crocket...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 7

Nathan Howard (Jr.) - Civil procedure - 1852 - 576 pages
...the same section proceeds to enact that " in any other case, the court may grant him (the plaintiff) any relief consistent with the case made by the complaint and embraced within the issue." In all actions, therefore, which -are defended, it is of no consequence what is the demand...
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