 | North Carolina, Albion W. Tourgée - Civil procedure - 1878 - 484 pages
...partners. Sloau t>. McDowell, 71—356. • { •; U>. Tl.. relief to be awarded to i In plaintiff. The relief granted to the plaintiff, if there be no...shall have demanded in his complaint; but in any other cuse, the court may grant him any relief consistent with the case made by the complaint and embraced... | |
 | Morris March Estee - Civil procedure - 1878 - 648 pages
...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 pages
...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... | |
 | Connecticut - Civil procedure - 1879 - 354 pages
...for SEC. 6. Upon a default, the plaintiff can have no greater relief relief, misconceived, than that demanded in his complaint, but in any other case the Court may, in its discretion, upon a proper amendment, grant him any other relief consistent with the case made... | |
 | Jonathan Henry Jellett - Bankruptcy - 1880 - 394 pages
...whenever a several judgment is proper. 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. An action may be dismissed, or a judgment of nonsuit entered, in the following cases : 1. By the plaintiff... | |
 | South Carolina, Robert A. Lynch - Law - 1880 - 256 pages
...there be no The relief to answer, cannot exceed that which he shall have demanded in his plaintiff, complaint; but in any other case the Court may grant...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... | |
 | Law reports, digests, etc - 1881 - 1900 pages
...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 - Law reports, digests, etc - 1880 - 792 pages
...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.) - Law - 1881 - 588 pages
...if there be awarded to " , . . . . I' . '. . the plaintiff, be no answer, cannot exceed that winch he shall have demanded in his complaint; but in any...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,... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1881 - 764 pages
...this action, out of power to assert such a demand. No claim of the kind is made by the complaint; and "the relief granted to the plaintiff, if there be...cannot exceed that which he shall have demanded in the complaint." 2 Tay. Stats., 1503, § 36; ES, sec. 2886; BullwinTcerv. Ryker, 12 Abb. Pr., 311. The... | |
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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... 
