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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 Miscellaneous Reports: Cases Decided in the Inferior Courts of Record of ... - Page 73
1900
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - Law - 1848
...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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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848
...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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Reports of Cases of Practice Decided by the Supreme Court and ..., Volume 3

Nathan Howard, New York (State). Supreme Court - Civil procedure - 1851
...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 Complete by ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 791 pages
...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 of the State of New York: As Amended by the ...

Civil procedure - 1851 - 207 pages
...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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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 - 394 pages
...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 - 204 pages
...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 April 16, 1852 ...

New York (State). - Civil procedure - 1852 - 590 pages
...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 and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 869 pages
...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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Practice Reports in the Supreme Court and Court of Appeals, Volume 7

Nathan Howard, New York (State). Supreme Court - Civil procedure - 1852
...quoted, and the plaintiffs are clearly entitled to legal instead of equitable relief, if such relief is consistent with the case made by the complaint and embraced within the issue. Let us see if such is the case. The legal relief is a judgment for money lent. Is it consistent...
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