 | North Carolina. Supreme Court - 1878 - 760 страници
...material allegation being numbered. CC P. § 93 (2). The judgment where tliere is an answer may be for any relief consistent with the case made by the complaint and embraced within the issue. § 219. It is the apparent purpose of the new system, while simplifying the method of procedure, to... | |
 | Utah (Ter.) - 1870 - 162 страници
...judgment is proper. SEC. 149. 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. SEC. 150. An action may be dismissed, or a judgment of nonsuit entered in the following cases: First... | |
 | Austin Abbott - 1870 - 570 страници
...Section 275 of the Code, — which provides that "the relief granted to a plaintiff, if there be no answer, cannot exceed that which he shall have demanded...with the case made by the complaint, and embraced with the issue, — relieves a plaintiff from any technical objection that he has not prayed for the... | |
 | 1870 - 288 страници
...plaintiff, if there he no answer, caunot 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 and emhraced within the issue. g 270. Whenever damages are recoverahle, the plaintiff... | |
 | Abraham Lansing - 1870 - 590 страници
...case, that is, in all cases where the defendant puts in an answer, the court may grant the plaintiff any relief consistent with the case made by the complaint, and embraced within the issue. (§ 275.) Whenever damages are recoverable, the plaintiff may claim and recover, if he shoios himself... | |
 | Nathan Howard (Jr.) - 1870 - 680 страници
...the defendant answers, then the form of the demand is quite unimportant, as the court may then grant any relief consistent with the case made by the complaint, and embraced within the issue. This is not the case of two actions improperly joined in the complaint, but a case where the facts... | |
 | North Carolina. Supreme Court - 1870 - 952 страници
...plaintiff and defendant were tenants in common of the articles : //./•/, that the Court could give no "relief consistent with the case made by the complaint, and embraced within the issue." Powell v. Hiil, 169. 2. A tenant in common cannot maintain an action against a co-tenant to recover... | |
 | New York (State), John Townshend - 1870 - 896 страници
...The relief to be awarded to the plaintiff". (1.) The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint ; but, (2.) In any other case, the court may grant him any relief consistent with the case made by the complaint,... | |
 | United States. Congress. Senate - 1871 - 1256 страници
...proper. ">i The relief granted to the plaintiff, if there be no answer, shall not exceed that whii'h he shall have demanded in his complaint; but, in any other case the court may grunt htm any relief consistent with the caso made by the complaint, and embraced within the issue.... | |
 | Nevada. Supreme Court - 1871 - 522 страници
...granted relief to the extent of the damage claimed in the complaint, and upon trial the Court could grant any relief consistent with the case made by the complaint and embraced within the issue. A damage of $300 for killing grass for two seasons was alleged : the Court found damage by having such... | |
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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... 
