 | 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 - 550 σελίδες
...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 - 484 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 - 648 σελίδες
...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 - 436 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 - 256 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... | |
 | 1881 - 1900 σελίδες
...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... | |
 | North Carolina. Supreme Court - 1880 - 792 σελίδες
...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... | |
 | Idaho (Ter.) - 1881 - 588 σελίδες
...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 - 1532 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... | |
 | United States. Department of State - 1882 - 260 σελίδες
...plaintiff, if there be no answer, shall 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. 5!l. An action may be dismissed, or a judgment of non suit entered, in the following cases: 1st. By... | |
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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... 
