 | New York (State). Legislature - Law - 1848 - 672 pages
...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 or reverse the, judgment... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...or upon the return, the j:ppellate 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 giving judgment, the court may either order a new trial, or may affirm or reverse the judgment... | |
 | New York (State). - Civil procedure - 1850 - 920 pages
...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. Amended Code,... | |
 | Henry Whittaker - Civil procedure - 1863 - 1154 pages
...bound by strict and positive rules. Judgment is to be given, according to the justice of the case, without regard to technical errors or defects, which do not affect the merits. The court may affirm or reverse the judgment below, in whole or in part. And as to any or all... | |
 | Nathan Howard (Jr.) - Civil procedure - 1873 - 618 pages
...Barb., 429). XII. The judgment of the county court should be according to the justice of the case, without regard to technical errors or defects which do not affect the merits (Code, ยง 366; Osincup agt. NicJwls, 49 Barb., 145). XIII. The justice received improper evidence... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1877 - 766 pages
...statute declares that 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," and that "in giving judgment the The City of Boscobel vs. Bugbee. court may affirm or reverse... | |
 | Jacob Conrad Davis - Criminal law - 1879 - 698 pages
...4538. If the appeal was taken by the defendant from a judgment against him, the Supreme Court must examine the record, and without regard to technical...the substantial rights of the parties, render such judgment on the record as the law demands. It may affirm, reverse, or modify the judgment, and render... | |
 | Iowa - Law - 1880 - 750 pages
...defendant from a judg- judgment on ment against him, the Supreme Court must examine the record Demerits, and, without regard to technical errors or defects, which do not affect the substantial rights of parties, render such judgment on the record as the law demands. It may affirm, reverse, or modify... | |
 | New York (State) - 1880 - 668 pages
...the use of the court. The appellate court must render judgment according to the justice of the case, without regard to technical errors or defects, which do not affect the merits. It may affirm or reverse the judgment of the justice, in whole or in part, and as to any or... | |
 | Law reports, digests, etc - 1915 - 1230 pages
...correction was technical and should be disregarded under a statute providing that that court should "examine the record, and without regard to technical...the substantial rights of the parties, render such judgment on the record as the law demands." See State v. John, 124 Iowa, 230, 100 NW 193 ; State v.... | |
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The appellate court must render judgment according to the justice of the case, without regard to technical errors or defects which do not affect the merits. 
