 | Austin Abbott - 1870 - 570 Seiten
...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...with the case made by the complaint, and embraced with the issue, — relieves a plaintiff from any technical objection that he has not prayed for the... | |
 | 1870 - 288 Seiten
...plaintiff, if there he no answer, caunot exceed that which he shall have demanded in his complaint; hut in any other case, the court may grant him any relief consistent with the case made hy the complaint and emhraced within the issue. g 270. Whenever damages are recoverahle, the plaintiff... | |
 | Nathan Howard (Jr.) - 1870 - 680 Seiten
...the defendant answers, then the form of the demand is quite unimportant, as the court may then grant any relief consistent with the case made by the complaint, and embraced within the issue. This is not the case of two actions improperly joined in the complaint, but a case where the facts... | |
 | Abraham Lansing - 1870 - 590 Seiten
...case, that is, in all cases where the defendant puts in an answer, the court may grant the plaintiff any relief consistent with the case made by the complaint, and embraced within the issue. (§ 275.) Whenever damages are recoverable, the plaintiff may claim and recover, if he shoios himself... | |
 | North Carolina. Supreme Court - 1870 - 952 Seiten
...plaintiff and defendant were tenants in common of the articles : //./•/, that the Court could give no "relief consistent with the case made by the complaint, and embraced within the issue." Powell v. Hiil, 169. 2. A tenant in common cannot maintain an action against a co-tenant to recover... | |
 | Nevada. Supreme Court - 1871 - 522 Seiten
...granted relief to the extent of the damage claimed in the complaint, and upon trial the Court could grant any relief consistent with the case made by the complaint and embraced within the issue. A damage of $300 for killing grass for two seasons was alleged : the Court found damage by having such... | |
 | California - 1872 - 774 Seiten
...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...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 ; 29... | |
 | California - 1872 - 892 Seiten
...plaintiff, if there be no answer, cannot exceed that which he 8naii ],ave demanded in his complaint; but in any other case, the Court may grant him any relief...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 cannot... | |
 | California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 Seiten
...that which he awarded to the shall have demanded in his complaint; but in any other Plaintlffcase, the Court may grant him any relief consistent with...made by the complaint and embraced within the issue. 581. (§ 148.) An action mav be dismissed, or a Action 1 may be judgment of nonsuit entered, in the... | |
 | North Carolina. Supreme Court - 1872 - 568 Seiten
...cannot exceed that which shall be demanded in his complaint ; bat in any other case, the Court inay grant him any relief consistent with the case made by the complaint, and embraced within the issues."1 And sec. 132, of the CCP, provides, "The Ceiwt may, b*OATES, WILLIAMS & Co. «. KENDALL.... | |
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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... 
