Rutland v. McIntosh

Mississippi Supreme Court
Rutland v. McIntosh, 121 Miss. 437 (Miss. 1919)
83 So. 635
Smith

Rutland v. McIntosh

Opinion of the Court

Smith, C. J.,

delivered the opinion of the court.

The relief granted the appellee, who ivas the complainant in the court below, was not that specifically prayed for by him in his bill of complaint, and should not have been granted under the general prayer therein for the reason that it i:s not supported by any allegation in the bill of complaint. „

Reversed and remanded.

Reference

Cited By
1 case
Status
Published
Syllabus
Equity. Relief not supported by pleadings, ground for reversal. The supreme court on appeal will reverse a decree of the lower court where the relief granted was not specifically prayed for and should not have been granted under the general prayer, for the reason that it was not supported by any allegation in the hill of complaint.