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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... "
A Digest of New York Statutes and Reports: From the Earliest Period to the ... - Seite 474
von Benjamin Vaughan Abbott, Austin Abbott - 1864
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Reports of Cases Decided in the Supreme Court of the State of South ..., Band 28

South Dakota. Supreme Court - 1912
...for actual damages only, it was proper for the court to add the statutory penalty, if such relief was consistent with the case made by the complaint and embraced within the issues ; provided, of course, that the facts entitling the plaintiff to such relief were established...
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Minnesota Reports, Band 19

Minnesota. Supreme Court - 1878
...taken. The relief granted to the plaintiff, if there is no answer, cannot exceed that which he has demanded in his complaint ; but in any other case...made by the complaint and embraced within the issue. Gen. St., ch. 66, sec. 246. If the plaintiff would be entitled to relief against the land, whether...
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Laws of the State of Indiana

Indiana - 1881
...granted to the plaintiff, if" ther thereof. ^e QO answerj can uof; exceed the relief demanded in Vii complaint ; but, in any other case, the Court may...made by the complaint, and embraced within the issue. (380.) jndgment with- SEC. 451. When a judgment is to be executed \vithou.%. Separate. 'v ' relief...
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The Northwestern Reporter, Band 49

1891
...49. (Minn. although it held that he was not entitled to have the judgment vacated. Such relief was consistent with the case made by the complaint, and embraced within the issue. 2. The judgment creditor, in order to satisfy a balance due on the Judgment, legally sold a tract of...
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The Pacific Reporter, Band 13

1887
...the issuance of an injunction, yet it did ask "that said nuisance be abated." The relief granted was consistent with the case made by the complaint, and embraced within the issues made by the pleadings, and was therefore entirely proper. Section 580, Code Civil Proc. There...
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Reports of Cases Determined in the Supreme Court of the State of ..., Band 117

California. Supreme Court - 1906
...complaint, and that this was in violation of section 580 of the Code of Civil Procedure, which provides: "The relief granted to the plaintiff, if there be...that which he shall have demanded in his complaint." Respondent contends that the prayer was sufficient to entitle the court to make such allowance; that...
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Reports of Cases Determined in the Supreme Court of the State of ..., Band 78

California. Supreme Court - 1906
...other and different from that prayed for in the complaint and specified in the summons, was improper. "The relief granted to the plaintiff, if there be no answer, cannot exceed that which shall have been demanded in the complaint." (Code Civ. Proc., sec. 580.) The deposit of the summons...
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Reports of Cases Determined in the Supreme Court of the State of ..., Band 37

California. Supreme Court - 1906
...answer I* flled, the Court, under section one hundred and forty-seven of the Practice Act, may grant any relief consistent with the case made by the complaint and embraced within the Issue, yet the Court should not grant any relief not prayed for, unless the facts proved within the issues...
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Reports of Cases Determined in the Supreme Court of the State of ..., Band 120

California. Supreme Court - 1906
...judgment is therefore erroneous under section 580 of the Code of Civil Procedure, which provides that the relief granted to the plaintiff, if there be no answer, cannot exceed that demanded in the complaint. This objection must be sustained. The only relief asked against this defendant...
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New York Field Codes 1850-1865

New York (State). Commissioners of the Code, David Dudley Field - 1998 - 3634 Seiten
...to proceed against the others, whenever a several judgment is proper. Amended Code, § 274 § 751. The relief granted to the plaintiff, if there "be...in his complaint ; but in any other case, the court m sy grant him any relief consistent with the case made hy the complaint, and embraced within the issue....
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