 | Utah - 1884 - 666 σελίδες
...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...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... | |
 | 1915 - 1246 σελίδες
...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... | |
 | North Carolina, Walter Clark - 1884 - 550 σελίδες
...to the plaintiff. CCP, s. 249. The relief granted to the plaintiff, if there be no answer, can not exceed that which he shall have demanded in his complaint;...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.... | |
 | 1899 - 1156 σελίδες
...as follows: "The relief granted to the plaintiff, if there be no answer, cauuot exceed that which be shall have demanded in his complaint; but, in any...complaint and embraced within the issue." It will be necessary, therefore, for us to dele; mine whether in this case the relief granted was consistent with... | |
 | 1885 - 968 σελίδες
...reads as follows : "The relief granted to the plaintiff, if there be no answer, cannot exceed that demanded in his complaint; but in any other case the...made by the complaint and embraced within the issue." The office of the prayer for relief required by section 54 aforesaid, would seem to be that of indicating... | |
 | 1921 - 1150 σελίδες
...to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in hie complaint: but in any other case the court may grant...made by the complaint and embraced within the issue." There was no answer In this case, and default was taken and Judgment rendered by reason thereof. True,... | |
 | 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... | |
 | Iowa, Emlin McClain - 1884 - 940 σελίδες
...plaintiff, if there be no answer, cannot exceed tint which ho shall have demanded in his petition. But, in any other case, the court may grant him any relief consistent with the case made by the petition and embraced within the issue. Whcnal! not served proceed against lliusu served. . R. \ 3131.... | |
 | 1920 - 1148 σελίδες
...that said deficiency judgment be canceled. This appeal is from that order. [1] CS § 6820, provides: "The relief granted to the plaintiff, If there be no answer, cannot exceed that which he sbnll have demanded in his complaint. • * * " "In addition to the jurisdiction of the partips and... | |
 | 1897 - 1148 σελίδες
...Proc., authorizes a court, when an answer to the complaint has been filed, to grant to the plaintiff "any relief consistent with the case made by the complaint, and embraced within the issue." The "case" made by the complaint herein, as well as the issue between the parties, is the right of... | |
| |
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... 
