 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1881 - 764 Seiten
...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... | |
 | New York (State) - 1881 - 1532 Seiten
...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... | |
 | Nevada. Supreme Court - 1882 - 510 Seiten
...Compiled Laws provides that, "the relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint;...made by the complaint and embraced within the issue." Mr. Bliss, in his Code Pleading, says: " The pleader should bear in mind the language of the rule,... | |
 | United States. Department of State - 1882 - 260 Seiten
...several judgment is proper. 58. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint...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... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1882 - 764 Seiten
...foreclosure and sale for the plaintiffs. There being an answer in the case, the plaintiffs were entitled to any relief consistent with the case made by the complaint and embraced Rogers and another, Ex'rs, vs. Burrus and husband, imp. within the issue. RS, sec. 2886; Leonard v.... | |
 | 1889 - 342 Seiten
...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... | |
 | 1920 - 968 Seiten
...for relief is omitted in the complaint. Section 580 of the Code of Civil Procedure provides that ' ' the relief granted to the plaintiff, if there be no...made by the complaint and embraced within the issue." This section plainly shows that the plaintiff may have some relief without regard to the prayer where... | |
 | Vermont Bar Association - 1895 - 462 Seiten
...and it may determine the ultimate rights of the parties on each side as between themselves. SEC. 231. The relief granted to the plaintiff, if there be no...made by the complaint, and embraced within the issue. SEC. 232. Whenever damages are recoverable the plaintiff may claim and recover, if he show himself... | |
 | 1920 - 948 Seiten
...prayer for relief is omitted in the complaint. Section 580 of the Code of Civil Procedure provides that "the relief granted to the plaintiff, if there be...made by the complaint and embraced within the issue." This section plainly shows that the plaintiff may have some relief without regard to the prayer where... | |
 | 1924 - 932 Seiten
...reason objectionable. Section 580 of the Code of Civil Procedure provides : "The relief granted to plaintiff, if there be no answer, cannot exceed that...made by the complaint and embraced within the issue." The relief provided for by this section is confined in case of default to that demanded in the complaint,... | |
| |
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... 
