 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...the merits, and necessarily affecting the judgment. § 278. Upon an appeal from a judgment or order, the appellate court may reverse, affirm or modify...the respect mentioned in the notice of appeal, and may, if necessary or proper, order a new trial. § 279. The appeal allowed by the second and third... | |
 | New York (State). Legislature - Law - 1848 - 672 pages
...court may reverse, affirm or modify the judgment ml in ap*" " other »pST'e dayV llant wto* Ae court, or order appealed from, in the respect mentioned in the notice of appeal, and may, if necessary or proper, order a new trial. § 279. The appeal allowed by the second and third... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...necessarily affecting the judgment. Amended Code, § 3£9. § 1169. Upon an appeal from a judgment or order, the appellate court may reverse, affirm or modify...notice of appeal, and as to any or all of the parties, and may, if necessary or proper, order a new trial. When the judgment is reversed or modified, the... | |
 | New York (State). - Civil procedure - 1850 - 920 pages
...now remaining undetermined. Taken from the judiciary act, Laws of 1847, p. 322, sec. 12. § 30. This court may reverse, affirm, or modify the judgment or order appealed from ; and its judgment must be remitted to the court below, to be enforced according to law. Same as the... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...§330. Upon an appeal from a judgment or order, appellate court may reverse, affirm or modify the j ment or order appealed from in the respect mentioned in...notice of appeal, and as to any or all of the parties, and may, if necessary or proper, order a new trial. When the judgment is reversed or modified, the... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...reverse, affirm or modify the ou^S' jugdment-or order appealed from in the respect mentioned Amended in the notice of appeal, and as to any or all of the parties, and may, if necessary or proper, order a new trial. When the judgment is reversed or modified, the... | |
 | New York (State) - Session laws - 1851 - 1408 pages
...city, or in a justices' court of any of the cities of this state. M«yn>- ^ 12. The court of appeals may reverse, affirm, or modify the judgment or order appealed from, in whole or in part, and as to any or all of the parties ; and its judgment word»rpshall be remitted... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...Smart/lout r. Curtí», 3 Code Rep. ^là. 5 Pr. R. 198. $ 12. [12.] Power of court. — The court of appeals may reverse, affirm, or modify the judgment or order appealed from, in whole or in part, and as to any or all of the parties ; and its judgment shall be remitted to the court... | |
 | California. Supreme Court - Law reports, digests, etc - 1851 - 672 pages
...Section 18 of the act organizing this court is to the eame effect. It declares that, " the supreme court may reverse, " affirm, or modify the judgment or order appealed from, and " its judgment shall be remitted as soon as practicable, after " judgment pronounced, to the court... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...controversy. Wells v. Danforth, l Code Rep. NS, 415. § 12. [12.] Power of court. — The court of appeals may reverse, affirm, or modify the judgment or order appealed from in whole or in part, and as to any or all of the parties ; and its judgment shall be remitted to the court... | |
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Upon an appeal from a judgment or order, the appellate court may reverse, affirm, or modify the judgment or order appealed from, in the respect mentioned in the notice of appeal, and as to any or all of the parties ; and may set aside or confirm, or modify... 
