 | North Carolina, Albion W. Tourgée - 1878 - 484 páginas
...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... | |
 | 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...consistent with the case made by the complaint and embraced within the issue. An action may be dismissed, or a judgment of nonsuit entered, in the following... | |
 | 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...consistent with the case made by the complaint and embraced within the issue. SEC. 300. Whenever damages are recoverable, the plaintiff may Rate of dllm.... | |
 | 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...consistent with the 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... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1881 - 764 páginas
...this action, out of 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...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... | |
 | Nevada. Supreme Court - 1882 - 510 páginas
...Compiled Laws provides that, "the relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint;...consistent with the case made by the complaint and embraced within the issue." Mr. Bliss, in his Code Pleading, says: " The pleader should bear in mind... | |
 | United States. Department of State - 1882 - 260 páginas
...several judgment is proper. 58. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint...consistent with the case made by the complaint, and embraced within the issue. 5!l. An action may be dismissed, or a judgment of non suit entered, in the... | |
 | Utah - 1884 - 666 páginas
...several judgment is proper. noMuu'fnwred men * °^' nonsuit entered in the following cases: SEC. 454. The relief granted to the plaintiff, if there be no...consistent with the case made by the complaint and embraced within the issue. Action may be SEC. 455. An action may be dismissed, or a judg1. By the plaintiff... | |
 | 1910 - 1150 páginas
...Our attention is called by appellant's counsel to section 6713, Rev. Codes, which reads as follows : "The relief granted to the plaintiff, if there be...consistent with the case made by the complaint and embraced within the issue." It is argued that where there is no answer on file, as in this case, there... | |
 | 1915 - 1246 páginas
...4353, Rev. Codes. limits the court In granting relief in such case, and is as follows: "Sec. 4353. The relief granted to the plaintiff, if there be no...relief consistent with the case made by the complaint embraced within the issue." See Lowe v. Turner, 1 Idaho, 107; Wilson v. Boise City, 7 Idaho, 69, 60... | |
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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... 
