 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 New York Supplement - Página 1711901Vista completa - Acerca de este libro
 | California - 1872 - 774 páginas
...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. lOCnl. 299; 11 Cal. 19; 20 Cal. 91, 628; 22 Cal. 633, 651 ; 27 Cal. 102, 655; 28 Cal. 289, 628... | |
 | California - 1872 - 892 páginas
...he 8naii ],ave 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. NOTE. — 1. RELIEF, WHEN JUDGMENT IB BY D«FAULT. — If the judgment is by default, the Court... | |
 | Francis Hilliard - 1873 - 852 páginas
...have judgment, under § 275 of the Code, because the relief which the proofs would warrant is not " consistent with the case made by the complaint and embraced within the issue." Complaint, that the plaintiff employed the defendants, as brokers, to purchase for him on credit... | |
 | William Wait - 1873 - 950 páginas
...defendant answers, then the form of the demand is unimportant, as the court may then grant any relief consistent with the case made by the complaint, and embraced within the issue. Hall v. Hall, 38 How. 97 ; ConaugMy v. Nichols, 42 N.. Y. (3 Hand) 83 ; Read v. Lambert, 10... | |
 | United States. Supreme Court - 1874 - 738 páginas
...Missouri, 185. Opinion of the court. the court may grant the plaintiff any relief, under the code, consistent with the case made by the complaint and embraced within the issue.* So, where the facts are sufficiently stated in the petition, the Supreme Court of the State... | |
 | Austin Abbott - 1857 - 608 páginas
...serious difficulty would be presented. But when an answer has been put in, the court may grant any relief consistent with the case made by the complaint, and embraced within the issues (Code, § 275). In this case, therefore, if all the facts alleged in the complaint be proved, the assured,... | |
 | New York (State). - 1876 - 498 páginas
...which he shall have demanded In his complamt; bnt in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue. 2 876. Whenever damages are recoverable, the plaintiff may claim and recover. If he show himself... | |
 | 1880 - 688 páginas
...form of the prayer, defendant having answered, the court may permit the plaintiff to take any judgment consistent with the case made by the complaint and embraced within the issue. Code, § 1207. Whether plaintiff had established a case for specific performance was not passed... | |
 | California, Theodore Henry Hittell - 1876 - 986 páginas
...he shall have demanded in his complaint; but in any other case, the court may grant him any relief witnesses. SEC. 1879. All persons, without exception, otherwise than i issue. 10.581. Action may be dismissed or nonsuit entered. SEC. 581. An action may be dismissed, or... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1884 - 550 páginas
...undfr the one hundred fortyninth section of the practice act, because it would not be granting relief consistent with the case made by the complaint and embraced within the issues, and would be to allow the appellant to recover under a different form of action than the one selected... | |
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