 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 páginas
...the hearing of the appeal, either upon affidavits, or upon the return, the appellate court shall give judgment according to the justice of the case, without regard to technical errors or defects, which do not aflect the merits. In giving judgment, the court may either order a new trial, or may allirm... | |
 | New York (State). Legislature - 1848 - 672 páginas
...of the appeal, either upon affidal">wglT"1' vits, or upon the return, the appellate court shall give judgment according to the justice of the case, without regard to technical errors or defects, which do not affect the merits. In givingjudgroent, the court may either order a new trial, or may affirm... | |
 | New York (State). - 1850 - 920 páginas
...Upon the hearing of the appeal, the appellate court must give judgment upon the law and the facts, according to the justice of the case, without regard to technical errors or defects, which do not affect the merits. In case of a reversal, the court may allow another action for the same cause.... | |
 | New York (State). - 1851 - 266 páginas
...repen of the court. judgment § 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... | |
 | New York (State), Henry Strong McCall - 1851 - 244 páginas
...f84»ended § 366. [Sec. 317.] Upon the hearing of the appeal, the appel- Judgment late court shall give judgment according to the justice of the case, without regard to technical errors and defects which do not IB-ID, issi. affect the merits. In giving judgment, the court may affirm or... | |
 | Oliver Lorenzo Barbour - 1852 - 716 páginas
...code, upon the hearing of an appeal from the judgment of a justice, " 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." Under this provision, defects like that in question must... | |
 | Henry Whittaker - 1852 - 900 páginas
...thus conferred by sec. 366 : § 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... | |
 | Nathan Howard (Jr.) - 1852 - 576 páginas
...and judgment before him, and the County Court, upon the hearing of the appeal, is directed to give judgment according to the justice of the case, without regard to technical errors and detects which do not affect the merits; and is authorized to affirm or reverse the judgment of... | |
 | New York (State) - 1855 - 802 páginas
...Existing suits. Judgment on appeal. 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... | |
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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. 
