Ellis v. Rademacher
California Supreme Court
APPEAL from a judgment of the Superior Court of Kern County. J. W. Mahon, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
COOPER, C.
This is an appeal from the judgment on the judgment-roll alone. The defendant Rademacher (appellant here) filed an answer, and hy his answer admitted the allegations of the complaint and prayed that plaintiff might have judgment.
Findings were filed and judgment entered for respondents. The appellant claims that the findings and judgment are too broad and give to respondent more relief than is warranted by the complaint. It is well settled that a judgment by default cannot give any relief in excess of that demanded in the complaint. (Code Civ. Proc., sec. 580; Raun v. Reynolds, 11…
2Cases cited4 opinions
- Raun v. ReynoldsCalifornia Supreme Court · 1858
- Cummings v. KetchumCalifornia Supreme Court · 1888
- Hicks v. MurrayCalifornia Supreme Court · 1872
- Carpentier v. BrenhamCalifornia Supreme Court · 1875
3Cited by8 opinions
- Falahati v. KondoCalifornia Court of Appeal · 2005
- Williams v. ReedCalifornia Court of Appeal · 1919
- Estate of McDonaldCalifornia Court of Appeal · 1940
- Turner v. TurnerCalifornia Supreme Court · 1916
- Weneda Corp. v. DispalatroCalifornia Court of Appeal · 1964
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