United States Casualty Co. v. Malone

Citations

• 126 Miss. 288
• 88 So. 709

Syllabus

<p>Appeal and Error. Equity. What relief allowable under prayer for general relief in equity stated; case will not be remanded to allow pleadings to be filed on theory advanced for first time on suggestion of error on appeal.</p> <p>In equity pleading, where there is a prayer for specific relief and a prayer for general relief, the court may grant such relief as the facts stated in the bill, and supported by the proof, may warrant; but it cannot grant relief on a clause in an exhibit to the hill which has not been declared on in the bill, even though under a .possible state of facts the complainant would be entitled to such relief. Where a case was tried in the court below on the allegations made in the bill, and an appeal here was tried on the same facts and theory, and, for the first time; on suggestion of error a possible theory advanced, predicated upon an exhibit to the bill, but not declared on in the bill, the court will not remand the cause to enable a party to file pleading in a new state of facts not embodied in the bill and not germane to the case tried on appeal.</p>