 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...  California Appellate Decisions - Página 92por California. District Courts of Appeal - 1919Visualização integral - Acerca deste livro
 | North Carolina, Albion W. Tourgée - 1878 - 484 páginas
...McDowell, 71—356. • { •; U>. Tl.. relief to be awarded to i In plaintiff. The relief granted to the plaintiff, if there be no answer, cannot exceed...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... | |
 | Morris March Estee - 1878 - 648 páginas
...But in any other case than a default of the defendant, as where issue is joined, the court may grant any relief consistent with the case made by the complaint and embraced within the issue : Cal. Code CP, sec. 580; Savings and Loan Society v. Thompson, 32 Cal. 347. So that where there... | |
 | New York (State) - 1879 - 436 páginas
...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,... | |
 | Connecticut - 1879 - 354 páginas
...for SEC. 6. Upon a default, the plaintiff can have no greater relief relief, misconceived, than that demanded in his complaint, but in any other case the Court may, in its discretion, upon a proper amendment, grant him any other relief consistent with the case made... | |
 | Jonathan Henry Jellett - 1880 - 394 páginas
...whenever a several judgment is proper. The relief granted to the plaintiff, if there be no answer, can not exceed that which he shall have demanded in his complaint...case made by the complaint and embraced within the issue. An action may be dismissed, or a judgment of nonsuit entered, in the following cases : 1. By... | |
 | South Carolina, Robert A. Lynch - 1880 - 256 páginas
...there be no The relief to answer, cannot exceed that which he shall have demanded in his plaintiff, complaint; but in any other case the Court may grant...case made by the complaint and embraced within the issue. SEC. 300. Whenever damages are recoverable, the plaintiff may Rate of dllm. claim and recover,... | |
 | North Carolina. Supreme Court - 1880 - 792 páginas
...his damages, if not on the special contract, at least in general assumpsit. The relief, we think, was consistent with the case made by the complaint and embraced within the issue, and the plaintiff was entitled thereto on his case as it was. It was error in the court below... | |
 | 1881 - 1900 páginas
...Code of Procedure, if there were an answer, the court might permit the plaintiffs to take any judgment consistent with the case made by the complaint and embraced within the issue; that, therefore, if, on the appearance of the two corporations, the lease were adjudged to be... | |
 | Idaho (Ter.) - 1881 - 588 páginas
...if there be awarded to " , . . . . I' . '. . the plaintiff, be no answer, cannot exceed that winch he shall have demanded in his complaint; but in any...case made by the complaint and embraced within the issue. Action may be g Kr; . 354. An action may be dismissed, or a judgment nonsuit en- of nonsuit... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1881 - 764 páginas
...power to assert such a demand. No claim of the kind is made by the complaint; and "the relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in the complaint." 2 Tay. Stats., 1503, § 36; ES, sec. 2886; BullwinTcerv. Ryker, 12 Abb. Pr., 311. The... | |
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