 | Nevada. Supreme Court - 1882 - 510 str.
...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 str.
...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 str.
...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.... | |
 | Nathan Howard (Jr.), Rowland M. Stover - 1883 - 666 str.
...prayer for judgment was for equitable relief, an answer having been interposed, the plaintiff could have any relief "consistent with the case made by the complaint and embraced within the issue." (Murtha agt. Curley, ante, 372.) 71. Section 1241 — When a direction to pay money will not be enforced... | |
 | 1883 - 676 str.
...even if the prayer for relief was defective, an answer having been interposed, plaintiff could have any relief consistent with the case made by the complaint and embraced within the issue ; and that, under the circumstances, a judgment for the precise sum of money claimed was proper. Reversing... | |
 | 1917 - 880 str.
...plaintiff's complaint, including the prayer, the usual code provision shall apply that the court may grant any relief consistent with the case made by the complaint and embraced within the issue8 and that the court shall be bound by the duty occasionally enjoined by statute, "to disregard... | |
 | 1889 - 342 str.
...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... | |
 | Vermont Bar Association - 1895 - 462 str.
...parties on each side as between themselves. SEC. 231. The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded...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 - 968 str.
...of the Code of Civil Procedure provides that ' ' the relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded...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 str.
...Section 580 of the Code of Civil Procedure provides : "The relief granted to plaintiff, if there be no answer, cannot exceed that which he shall have demanded...grant him any relief consistent with the case made Kv the complaint and embraced within the issue. ' ' The relicf provided for by this section is confined... | |
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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... 
