 | Utah - 1884 - 666 σελίδες
...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...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 himself at any time... | |
 | North Carolina, Walter Clark - 1884 - 550 σελίδες
...plaintiff, if there be no answer, can not exceed that which 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. If no complaint is filed. — A judgment is not void because no complaint has been filed. Little v.... | |
 | David Dudley Field - 1884 - 604 σελίδες
...plaintiff, if there be no answer, can not exceed that which he shall have demanded in bis complaint; but, in any other case, the Court may grant him any relief...by the complaint, and embraced within the issue." It will be recollected that the plaintiff is required to state, in his complaint, the relief to which... | |
 | 1916 - 1228 σελίδες
...if there be no answer the relief granted plaintiff may not exceed his demands, but in nny other cnsc the court may grant him any relief consistent with...case made by the complaint and embraced within the issues, defendant, by answering, may enlarge the scope of the relief to any extent consistent with... | |
 | 1915 - 1246 σελίδες
...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 embraced within the issue." See Lowe v. Turner, 1 Idaho, 107; Wilson v. Boise City, 7 Idaho, 69, 60... | |
 | California. District Courts of Appeal - 1919 - 1060 σελίδες
...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...case made by the complaint and embraced within the issues" (sec. 580, Code Civ Proc.), and "a default admits the material allegations of the complaint,... | |
 | California. District Courts of Appeal - 1908 - 766 σελίδες
...verdict read In connection with the pleadings. In any case the relief that may be granted must lie consistent with the case made by the complaint and embraced within the issues. (Code Civ. Proc., sec. 580. > Appellant presents but one other point as calling for a reversal.... | |
 | New York (State). Courts - 1895 - 918 σελίδες
...further proofs. Id. See FOXIER ADJUDICATION. JUDGMENT. 1. After answer » plaintiff may take any judgment consistent with the case made by the complaint and embraced within the issue. A suitor may not be dismissed without redress because he prays for too much or too little, or for wrong... | |
 | 1917 - 880 σελίδες
...plaintiff's complaint, including the prayer, the usual code provision shall apply that the court may grant any relief consistent with the case made by the complaint and embraced within the issue8 and that the court shall be bound by the duty occasionally enjoined by statute, "to disregard... | |
 | 1889 - 342 σελίδες
...nature of the action, and where an answer is interposed the court will grant the judgment which shall be consistent with the case made by the complaint and embraced within the issues, if sustained by the evidence, irrespective of the relief demanded in the complaint. The mere... | |
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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... 
