 | William Wait - Civil procedure - 1874 - 910 pages
...What relief may be granted in case of default. The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint. Code, § 275. And it is not sufficient that the plaintiff states facts sufficient to entitle him to... | |
 | New York (State) - Court rules - 1875 - 498 pages
...amount he less than one hundred dollars. 2 275. The relief granted to the plaintiff, if there he no answer, cannot exceed that which he shall have demanded in his complaint; hut in any other case, the court may grant him any relief consistent with the case made hy the complaint... | |
 | California, Theodore Henry Hittell - Law - 1876 - 986 pages
...relief to be awarded to the plaintiff. SEC. 580. The relief granted to the plaintiff, if there be no y such ticket, is evidence that such 10.581. Action may be dismissed or nonsuit entered. SEC. 581. An action may be dismissed, or a judgment... | |
 | New York (State). - Civil procedure - 1876 - 498 pages
...plaintilf, if there be no answer, caunot exceed that which he shall have demanded In his complamt; bnt in any other case, the court may grant him any relief...made by the complaint and embraced within the issue. 2 876. Whenever damages are recoverable, the plaintiff may claim and recover. If he show himself entitled... | |
 | Austin Abbott - Civil procedure - 1857 - 608 pages
...money, a serious difficulty would be presented. But when an answer has been put in, the court may grant any relief consistent with the case made by the complaint, and embraced within the issues (Code, § 275). In this case, therefore, if all the facts alleged in the complaint be proved,... | |
 | New York (State) - Law - 1876 - 398 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... | |
 | Law reports, digests, etc - 1880 - 688 pages
...form of the prayer, defendant having answered, the court may permit the plaintiff to take any judgment consistent with the case made by the complaint and embraced within the issue. Code, § 1207. Whether plaintiff had established a case for specific performance was not passed upon,... | |
 | 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 - Law reports, digests, etc - 1881 - 678 pages
...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... | |
 | 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 - Law reports, digests, etc - 1908 - 604 pages
...v. Smith, 1 Utah 241; section 3187, Rev. Stat.) "The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint." "A judgment must accord with and be warranted by the pleadings of the party in whose favor it is rendered.... | |
 | 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 - Law reports, digests, etc - 1884 - 550 pages
...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... | |
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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... 
