 The Court of Appeal shall have power to draw inferences of fact, and to give any judgment and make any order which ought to have been made, and to make such further or other order as the case may require." This rule gives the Court of Appeal a much larger...  The Law Reports. Queen's Bench Division - Side 4481891Uten tilgangsbegrensning - Om denne boken
 | Northwest Territories - 1915 - 824 sider
...aforesaid) shall be admitted on special grounds only and not without special leave of the court. The court shall have power to draw inferences of fact and to...such further or other order as the case may require. The powers aforesaid may be exercised by the said court notwithstanding that the notice of appeal may... | |
 | Alberta. Supreme Court - 1915 - 600 sider
...Defendant.]—Rule 326 of the Rules of the Supreme Court of Alberta, provides that the Appellate Division shall have power "to draw inferences of fact and to...and make any order which ought to have been made." STUART, J., held that the words "which ought to have been made" in the rule mean which ought to have... | |
 | Edward Betley Brown, L. S. Le Vernois, Esten Kenneth Williams - 1915 - 1004 sider
...discretionary power to make any amendment of the proceedings before it ... and to give any judgment and to make any order which ought to have been made and to...such further or other order as the case may require. The powers aforesaid may be exercised by the said court notwithstanding that the notice of appeal may... | |
 | 1915 - 370 sider
...answer to qne»tions—Per Stuart, J. :—Rule 326 giving the Appellate Division of the Supreme Court "power to draw inferences of fact and to give any...judgment and make any order which ought to have been made " means any inference, order, or judgment, which ought to have 'been made by the judge below and does... | |
 | Edward Betley Brown, L. S. Le Vernois, Esten Kenneth Williams - 1915 - 1002 sider
...of Rule 326 should be particularly observed. The court (meaning the Appellate Division) is given " power to draw inferences of fact and to give any judgment...and make any order which ought to have been made." Now surely those words mean " which ought to have been made by the judge below." A jury does not give... | |
 | Charles Morse, Edward Betley Brown, Walter Edwin Lear - 1915 - 590 sider
...powers of the Court of Appeal, differing from that governing the Divisional Court, enabled the Court to draw inferences of fact, and to give any judgment...and make any order which ought to have been made, etc. We have this rule as well, but the effect of the rule may well be different here from its effect... | |
 | Sir Roland Lomax Vaughan Williams, Edward William Hansell - 1915 - 1152 sider
...shall be admitted on special grounds only, and not without special leave of the court. The § 108. Court of Appeal shall have power to draw inferences of fact, and to made, and to make such further or other order as the case may require. The powers aforesaid may be... | |
 | 1918 - 854 sider
...notwithstanding the verdict of the jury. Order LVIIL, r. 4 (our Judicature Act, s. 27) provides :— ' . . . The Court of Appeal shall have power to draw Inferences...such further or other order as the case may require. . . .' Another blow to trial by jury! In [1918] P. for May and June, we find no cases calling for mention... | |
 | 1918 - 1150 sider
...powers of the " Court of Appeal do not end there. Under Order LVIII, R. 4, '• the Court of Appeal has power to draw inferences of fact, and " to give any...other order " as' the case may require. This rule was, I think, expressly " intended to enable the Court. of Appeal when the matter is !i before them... | |
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