California, United States of America
The following excerpt is from Barber v. Leroy, 115 Cal.Rptr. 272, 40 Cal.App.3d 336 (Cal. App. 1974):
Under this section the appellate courts of this state have held that the absence of a prayer is not fatal under the second clause of this section where there is an answer and the case has gone to contested trial. Under such circumstances it is the duty of the court to grant 'any relief consistent with the case made by the complaint and embraced within the issues.' In Hunt v. Smyth, 25 Cal.App.3d 807, at page 830, 101 Cal.Rptr. 4, at page 19, the court said:
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