...amount be less than one hundred dollars. § 275. The relief granted to the plaintiff, if there be DO answer, cannot exceed that which he shall have demanded...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...

...material allegation being numbered. CC P. § 93 (2). The judgment where tliere is an answer may be for any relief consistent with the case made by the complaint and embraced within the issue. § 219. It is the apparent purpose of the new system, while simplifying the method of procedure,...

...Republic, 6 Robt., 497. :3. Section 275 of the Code, — which provides that "the relief granted to a plaintiff, if there be no answer, cannot exceed that...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...

...judgment is proper. SEC. 149. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint;...case made by the complaint and embraced within the issue. SEC. 150. An action may be dismissed, or a judgment of nonsuit entered in the following cases:...

...follows the ordinary form. § *J7."i. The relief to be awarded to the plaintiff". (1.) The relief granted to the plaintiff, if there be no answer, cannot exceed...which he shall have demanded in his complaint ; but, (2.) In any other case, the court may grant him any relief consistent with the case made by the complaint,...

...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...

...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...

...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...

...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...

...proper. ">i The relief granted to the plaintiff, if there be no answer, shall not exceed that whii'h he shall have demanded in his complaint; but, in any other case the court may grunt htm any relief consistent with the caso made by the complaint, and embraced within the issue....