 | California - 1872 - 774 σελίδες
...proper. 28 Cal. 26; 29 Cal. 429. $ 580. (§ 147.) The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded...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... | |
 | Montana - 1872 - 798 σελίδες
...183. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he snail have demanded in his complaint; but in any other case...made by the complaint, and embraced within the issue. Sec. 184. An action may be dismissed or a judgment of a nonsuit entered in the following cases: First.... | |
 | California - 1872 - 892 σελίδες
...The relief granted to the' plaintiff, if there be no answer, cannot exceed that which he 8naii ],ave demanded in his complaint; but in any other case,...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 σελίδες
...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 σελίδες
...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.... | |
 | William Wait - 1873 - 950 σελίδες
...; if the defendant answers, then the form of the demand is unimportant, as the court may then grant any relief consistent with the case made by the complaint, and embraced within the issue. Hall v. Hall, 38 How. 97 ; ConaugMy v. Nichols, 42 N.. Y. (3 Hand) 83 ; Read v. Lambert, 10 Abb. N.... | |
 | Francis Hilliard - 1873 - 852 σελίδες
...have judgment, under § 275 of the Code, because the relief which the proofs would warrant is not " consistent with the case made by the complaint and embraced within the issue." Complaint, that the plaintiff employed the defendants, as brokers, to purchase for him on credit certain... | |
 | New York (State). Court of Appeals - 1874 - 732 σελίδες
...to the case made by his bill, or not at all." Rome Exchange Bank v. Eames. plaintiff, if there be no answer, cannot exceed that which he shall have demanded...made by the complaint and embraced within the issue." Code of Pro. § 275. In the present case, the only relief that could have been granted •' consistent... | |
 | California - 1874 - 870 σελίδες
...147.) The relief granted to the plaintiff, if there be no answer, cannot exceed that which lie shatl have demanded in his complaint; but in any other case,...made by the complaint and embraced within the issue. NOTE. — 1. RELIEF, WHEN JUDGMENT is BY DKFAULT. — If the judgment is by default, the Court cannot... | |
 | United States. Supreme Court - 1874 - 738 σελίδες
...Missouri, 185. Opinion of the court. the court may grant the plaintiff any relief, under the code, consistent with the case made by the complaint and embraced within the issue.* So, where the facts are sufficiently stated in the petition, the Supreme Court of the State hold that... | |
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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... 
