Coastal Equipment Co. v. Herrick

The judgment, although entered on default, was unauthorized, in so far as it granted relief more favorable than that demanded in the complaint. It was open to attack, therefore, either by motion or in any form that the defendants might elect. (Clapp v. McCabe, 155 N. Y. 525.)

The prayer for relief demanded that the plaintiff be adjudged the owner and entitled to possession of the chattels and that they be delivered; and that in case possession could not be given, that the plaintiff have judgment for their value. Here, the judgment awarded the chattels to the plaintiff. In addition, plaintiff…