 Upon the hearing of the appeal, the appellate court shall give judgment according to the justice of the case, without regard to technical errors and defects which do not affect the merits.  The New York Supplement - Side 6021891Uten tilgangsbegrensning - Om denne boken
 | Henry Whittaker - 1863 - 1154 sider
...Substantially the same in 1848. § 366. (317.) Upon the hearing of the appeal, the appellate court shall give judgment according to the justice of the case, without regard to technical errors and defects which do not affect the merits. In giving judgment, the court may affirm or reverse the... | |
 | New York (State) - 1863 - 1026 sider
...16 How. PR, 641 ; 11 Ab., 282. g 366. Upon the hearing of the appeal, the appellate court shall give judgment according to the justice of the case, without regard to technical errors and defects which do not affect the merits. In giving judgment, the court may affirm or reverse the... | |
 | John Townshend - 1867 - 298 sider
...suitsJudgment on appeal. — New trial. Upon the hearing of the appeal, the appellate court shall give judgment according to the justice of the case, without regard to technical errors and defects which do not affect the merits. In giving judgment, the court may affirm or reverse the... | |
 | New York (State) - 1867 - 1086 sider
...fact. Judgment by default. New trial. Upon the hearing of the appeal, the appellate court shall give ction take judgment in the alternative, for a return of the property or for the v and detects which do not affect the merits. In giving judgment, the court may affirm or reverse the... | |
 | Nathan Howard (Jr.) - 1870 - 680 sider
...section thereof, which requires this court upon the hearing of an appeal, such as this is, to give judgment according to the justice of the case, without regard to technical errors or defects not affecting the merits, and in doing so to affirm or reverse the judgment of the court below, which... | |
 | New York (State), John Townshend - 1870 - 896 sider
...involving the merits and necessarily affecting the judgment. b. A general term may on appeal " modify the judgment according to the justice of the case, without regard to technical errors, and the court of appeals has the same power " (Broicnell v. Winnie, 29 NY 400 ; and see The People... | |
 | George Frederick Langbein, John Christopher Julius Langbein - 1872 - 358 sider
...366. Judgment on appeal. New trial, &v. Upon the hearing of the appeal, the appellate court shall give judgment according to the justice of the case, without regard to technical errors and defects, which do not affect the merits. In giving judgment, the court may ailinu or reverse the... | |
 | South Carolina - 1873 - 1164 sider
...use of the Court. .Tu^LTnent on SEC. 383. Upon hearing the appeal, the appellate Court shall irive judgment according to the justice of the case, without regard to technical errors and defects which do not affect the merits. In giving judgment the Court may affirm or reverse the... | |
 | 1874 - 440 sider
...sections 173 and 366 sustain the same view, the latter section authorizing I he appellate court to "give judgment according to the justice of the case, without regard to technical errors and defects which do not affect the merits." The position assumed by appellants, that the rule of the... | |
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