 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1881
...statement of facts constituting the cause of action in the complaint, will authorize any relief which is " consistent with the case made by the complaint and embraced within the issue." The " case Christian Rliumke v. Jeter Clinton et al. made "in both complaints is the trespass. Single damages... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1884
...regardless of whether or not the fire is the result of negligence; because it would not be granting relief consistent with the case made by the complaint and embraced within its issues, and would be to allow the plaintiff to recover under a different form of action than the... | |
 | North Carolina, Albion W. Tourgée - 1878 - 437 σελίδες
...no answer, cannot exceed that which he shall have demanded in his complaint; but in any other cuse, the court may grant him any relief consistent with...made by the complaint and embraced within the issue. A tenant in common in personalty cannot recover specific good* from a co-tenant. His remedy is partition.... | |
 | Morris March Estee - 1878
...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 is... | |
 | New York (State) - 1879 - 353 σελίδες
...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, which... | |
 | South Carolina, Robert A. Lynch - 1880 - 247 σελίδες
...relief to answer, cannot exceed that which he shall have demanded in his plaintiff, complaint; but in any other case the Court may grant him any relief...made by the complaint and embraced within the issue. SEC. 300. Whenever damages are recoverable, the plaintiff may Rate of dllm. claim and recover, if he... | |
 | North Carolina. Supreme Court - 1880
...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 to refuse... | |
 | 1881
...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 valid... | |
 | Idaho (Ter.) - 1881
...the plaintiff, be no answer, cannot exceed that winch 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. Action may be g Kr; . 354. An action may be dismissed, or a judgment nonsuit en- of nonsuit entered,... | |
 | New York (State) - 1881 - 1471 σελίδες
...the complaint. (1) Where there is an answer, the court may permit the plaintiff to take auy judgment, consistent with the case made by the complaint, and embraced within the issue.(2) Co. Proc., 1 274. (1) Andrew! t. Monllaws, 8 Hun, A3; Slmonson r. Bl»tc, 12 Abb. J3I ; 20... | |
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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... 
