46, 32 N. E. 780.—A tive relief. Relief, benefit, or compensation which may be granted to the defendant in a judgment or decree in accordance with the facts established in his favor; such as may Drover: be given within the issues made by the pleadings or according to the legal or equitable rights of the parties as established by the evidence. Gar ner y. Hannah, 6 Duer (N. Y.) 262.—Afirmative statute. In legislation. A statute couch-