 | Austin Abbott - Civil procedure - 1892 - 614 pages
...also provides that " 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." Upon this principle a plaintiff suing as if at law upon a contract to pay money, and proving... | |
 | Samuel Slaughter Merrill - Mandamus - 1892 - 556 pages
...writs substantial!}' agreed.4 It has been held that the court may grant the peremptory writ in any form consistent with the case made by the complaint and embraced within the issues.8 So if more than one act is required in order to obey the peremptory writ, the court may continue... | |
 | North Carolina, Walter Clark - Civil procedure - 1892 - 950 pages
...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 the issue. If no complaint is filed. — A judgment is not void because no complaint has been filed. Little... | |
 | New York (State). - Civil procedure - 1921 - 904 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. Source — CCP 8 1207 unchanged; CCP § 1208. omitted as unnecessary and obsolete — Bevlsers'... | |
 | Civil procedure - 1921 - 1502 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. DertTatlon.— Code civ. proc., 5 1207, without change; originally revised from code of proc.,... | |
 | New York (State) - Civil procedure - 1922 - 2040 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. Source— CCP i 1207 unchanged ; CCP % 1208, omitted as unnecessary and obsolete — Bevisers'... | |
 | California - California - 1922 - 1400 pages
...closed with a prayer for general relief, it is the right and duty of the court to grant any relief consistent with the case made by the complaint and embraced within the DISMISSAL AND NONSUIT — NONSl IT. issues, and nonsuit Is improperly entered. — Pox v. Hall, 164... | |
 | Civil procedure - 1922 - 1482 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. Derivation. — Code civ. proc., § 1207, without change; Clapp v. McCabe, 155 NY 525, affg.... | |
 | California - Civil procedure - 1923 - 952 pages
...he shall have demanded in his complaint; but in any other case, the court may grant him any relief n any civil suit or proceeding, and all other papers requiring service issue. Enacted March 11, 1872, re-enactir.ent of % 147 of Practice Act. Relief granted — Averments... | |
 | California - Civil procedure - 1923 - 600 pages
...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 the issue. 581. An action may be dismissed, or a judgment of nonsuit entered, in the following cases: 1.... | |
| |
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... 
