 | California, Theodore Henry Hittell - 1876 - 986 Seiten
...whenever a several judgment is proper. 10.580. The relief to be awarded to the plaintiff. SEC. 580. The relief granted to the plaintiff, if there be no...made by the complaint and embraced within the issue. 10.581. Action may be dismissed or nonsuit entered. SEC. 581. An action may be dismissed, or a judgment... | |
 | New York (State). - 1876 - 498 Seiten
...plaintilf, if there be no answer, caunot exceed that which he shall have demanded In his complamt; bnt in any other case, the court may grant him any relief...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 entitled... | |
 | Austin Abbott - 1857 - 608 Seiten
...money, a 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,... | |
 | New York (State) - 1876 - 398 Seiten
...in the complaint. Where there is an answer, the court may permit the plaintiff to take any judgment, consistent with the case made by the complaint, and embraced within the issue. § 1208. Where either party is entitled to recover damages, he may recover any rate of damages, which... | |
 | 1880 - 688 Seiten
...sale for the purpose of making the amount of the unpaid purchase money. Also, That this relief, being consistent with the case made by the complaint and embraced within the issue, can be granted, although not specifically demanded by the complaint — Benedict \ Benedict* aL, 123.... | |
 | 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 - 1908 - 604 Seiten
...a mortgage' is simply a conclusion of law." (Hussey v. Smith, 1 Utah 241; section 3187, Rev. Stat.) "The relief granted to the plaintiff, if there be...that which he shall have demanded in his complaint." "A judgment must accord with and be warranted by the pleadings of the party in whose favor it is rendered.... | |
 | 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 - 1881 - 678 Seiten
...statement of facts constituting the cause of action in the complaint, will authorize any relief which is " consistent with the case made by the complaint and embraced within the issue." The " case Christian Rliumke v. Jeter Clinton et al. made "in both complaints is the trespass. Single... | |
 | 1877 - 370 Seiten
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 | 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 Seiten
...regardless of whether or not the fire is the result of negligence; because it would not be granting relief consistent with the case made by the complaint and embraced within its issues, and would be to allow the plaintiff to recover under a different form of action than the... | |
 | North Carolina, Albion W. Tourgée - 1878 - 484 Seiten
...partners. Sloau t>. McDowell, 71—356. • { •; U>. Tl.. relief to be awarded to i In plaintiff. The relief granted to the plaintiff, if there be no...shall have demanded in his complaint; but in any other cuse, the court may grant him any relief consistent with the case made by the complaint and embraced... | |
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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... 
