Gentry v. United States
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Colorado.
1Opinion of the Court
SANBORN, Circuit Judge.
One may not bring a suit for one cause of action, and recover judgment for another. A court can consider only what is in issue under (.lie pleadings. Averments without proofs, and proofs without averments, are unavailing. The judgment may not go beyond a determination of the issues presented by (he pleadings, nor beyond the scope and object of the prayers they contain. These are axioms in the law of pleading and practice. They rest upon the basic principles of our- jurisprudence, that no man shall be deprived of his life, liberty, or property without due process of law;…
2Cases cited8 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- Benson Mining & Smelting Co. v. Alta Mining & Smelting Co.Supreme Court of the United States · 1892
- Durant Min. Co. v. Percy Consol. Min. Co.Court of Appeals for the Eighth Circuit · 1899
- Burton v. PlatterCourt of Appeals for the Eighth Circuit · 1893
- Wood v. CollinsCourt of Appeals for the Fifth Circuit · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In re RosserCourt of Appeals for the Eighth Circuit · 1900
- Sylvan Beach, Inc. v. KochCourt of Appeals for the Eighth Circuit · 1944
- United States v. Homestake Min. Co.Court of Appeals for the Eighth Circuit · 1902
- Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
- G. W. Sheldon & Co. v. Hamburg Amerikanische Packetfahrt-Actien-GesellschaftCourt of Appeals for the Third Circuit · 1928
13 more not listed; retrieve them via the Exa API.