 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...use of the court. § 317. Upon the hearing of the appeal, either upon affidavits, or upon the return, the appellate court shall give judgment according...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,... | |
 | New York (State). Legislature - Law - 1848 - 672 pages
...judgment §317. Upon the hearing of the appeal, either upon affidal">wglT"1' vits, or upon the return, the appellate court shall give judgment according...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,... | |
 | New York (State). - Civil procedure - 1850 - 920 pages
...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... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...papt-rs ; and no copy thereof need be furnished for the use , repen of the court. judgment § 366. Upon the hearing of the appeal, the appellate court...errors and defects which do not affect the merits. In giving judgment, the court may affirm or reverse the judgment of the court below, in whole or in... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...the court. f84»ended § 366. [Sec. 317.] Upon the hearing of the appeal, the appel- Judgment late court shall give judgment according to the justice...regard to technical errors and defects which do not IB-ID, issi. affect the merits. In giving judgment, the court may affirm or reverse the judgment of... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...thereof need be furnished for the use of the court. § 366. [317.] (Amended.) — Judgment on appeal. — Upon the hearing of the appeal, the appellate court...according to the justice of the case, without regard totechnical errors and defects which do not affect the merits. In giving judgment, the court may affirm... | |
 | New York (State) - Session laws - 1851 - 1408 pages
...appeal, the appellate judgment court shall give judgment according to the justice of the how g'Ten case, without regard to technical errors and defects which do not affect the merits. In giving judgment, the court may affirm or reverse the judgment of the court below, in whole or in... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...court above, in giving judgment on appeals of this nature, are thus conferred by sec. 366 : § 366. Upon the hearing of the appeal, the appellate court...errors and defects which do not affect the merits. In giving judgment, the court may affirm or reverse the judgment of the court below, in whole or in... | |
 | Oliver Lorenzo Barbour - Law reports, digests, etc - 1852 - 716 pages
...that defect. By § 366 of the code, upon the hearing of an appeal from the judgment of a justice, " the appellate court shall give judgment according...errors and defects which do not affect the merits." Under this provision, defects like that in question must be overlooked. (See also 2. RS 424, 5, §... | |
 | Nathan Howard (Jr.) - Civil procedure - 1852 - 576 pages
...the Code of 1851, which directs the county courts in such cases, upon the hearing of the appeal, to give judgment according to the justice of the case, without regard to Adsit agt. Wilson and Chamberlain. technical errors and defects which do not affect the merits, and... | |
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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. 
