 | Ezra Christian Ebersole - 1914 - 1698 pages
...Iowa, 444.) If the appeal is taken bj the defendant from a judgment against him, the supreme court must examine the record, and, without regard to technical...render such judgment on the record as the law demands. It may affirm, reverse or modify the judgment, or render such judgment as the district court should... | |
 | Law - 1914 - 1380 pages
...NE 751, 193 Mass. 412. As used in Code, § 5462, requiring the Supreme Court to examine the "record" without regard to technical errors or defects which do not affect the substantial rights of the parties, and to render such judgment on the record as the law demands, the word "record" means... | |
 | Montana. Supreme Court - Law reports, digests, etc - 1914 - 762 pages
...(Jenkins v. Carroll, 42 Mont. 302, 112 Pac. 1064.) This court is commanded by statute to give its judgment without regard to technical errors or defects which do not affect the substantial rights of the parties. We are forbidden to idolize matters of form at the expense of substance, or to pay... | |
 | New York (State). Board of Statutory Consolidation - Civil procedure - 1915 - 358 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, modify, or reverse the judgment of the justice, in whole or in part, and as... | |
 | New York (State) - Civil procedure - 1916 - 1682 pages
...and other appellate courts on such appeals must render judgment according to the justice of the case, o p+P!(+P! merits, and may affirm or reverse, wholly or partly, or modify, the judgment or order appealed from... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - Court rules - 1917 - 740 pages
...10,694. And it is the duty of this court, after hearing an appeal in a criminal case, to "give judgment without regard to technical errors or defects" which do not affect the substantial rights of the parties. Comp. Laws 1913, § 11,013. The rule requiring a former conviction to be pleaded at... | |
 | Law reports, digests, etc - 1919 - 1084 pages
...Procedure, which requires the appellate court to render judgment according to the real justice of the case, without regard to technical errors or defects which do not affect the substantial rights of the parties. Donnelly v. McArdle, 152 App. Div. 805, 137 NY Supp. 801. The summons and complaint... | |
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1919 - 1184 pages
...Procedure which requires the appellate court to render judgment according to the real justice of the case, without regard to technical errors or defects which do not affect the substantial rights of the parties. (Donnelly v. McArdk, 152 App. Div. 805.) The summons and complaint were required to... | |
 | William Mack, William Benjamin Hale - Law - 1919 - 1414 pages
...Iowa 552, 556, 159 NW 255. (2) In Code S 5462, In requiring the supreme court to "examine the record, without regard to technical errors or defects which do not affect the substantial rights of the parties and render such judgment on the record as the law demands," the word "record" means... | |
 | New York (State). Legislature - New York (State) - 1919 - 1508 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, modify or reverse the judgment of the justice in whole or in part and as to... | |
| |
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. 
