Ellis

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 Cal. 19 ; Lamping v. Hyatt, 27 Cal. 102 .)

A default admits the material allegations of the complaint, and no more. It is not necessary to determine whether there is any difference in principle between a case where the allegations of the complaint are admitted hy the legal effect of the silence of a party, and where such allegations are admitted hy a written answer. In either case the relief given to the plaintiff cannot exceed that which the law awards as the legal conclusion from the facts alleged. The court cannot grant any relief in either case not warranted by the averments of the complaint. *558…