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" The court of appeal shall give such judgment as ought to have been given in the court below... "
The Common Law Procedure Act, 1854, 17 & 18 Vict. C.125 - Sida 29
efter John Thompson (Barrister-at-law) - 1854
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The New System of Practice and Pleading Under the Supreme Court of ...

Sir William Thomas Charley - 1877 - 1210 sidor
...made." This is cot-i^i ~~ 8. 41 of the Common Law Procedure Act, 1854 :— "The Court of A?j« *hall give such judgment as ought to have been given in the Court V The Common Law Procedure Act, 1852, s. 157, has a similar provi?; "The Courts of Error shall in all...
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Reports of the Supreme court of Canada, Volym 1

Canada law reports - 1878 - 772 sidor
...appealed from is reversed, as when it is affirmed. By sec. 42 of the Common Law Procedure Act of 1854, " The Court of Appeal shall give such judgment as " ought to have been given in the Court below." By sec. 42 the Court of Appeal shall have power to adjudge payment of costs, and to order restitution,...
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Digest of the Law Relating to Probate Duty: With the New Scale of Duties

Arthur Francis Leach - 1878 - 162 sidor
...or any officer of the Court of Exchequer to whom the same is referred by the Court or a judge ; and the Court of Appeal shall give such judgment as ought to have been given by the Court of Exchequer or judge, and may award costs. Sect. 60. The appeal in all such cases as...
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The Jurisdiction, Process, Practice, and Mode of Pleading in Ordinary ...

George Candy - 1879 - 268 sidor
...Court) it is enacted " that the Court of Appeal (that is, the Exchequer Chamber or the House of Lords,) shall give such judgment as ought to have been given in the Court below ; and all such further proceedings may be taken thereupon as if the judgment had been given in the...
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The Land Law (Ireland) Act, 1881: With the Statutes Incorporated ..., Band 62

Timothy Michael Healy - 1882 - 484 sidor
...Chamber shall act as officers of the Court for Land Cases reserved. The Court for Iiand Cases reserved shall give such judgment as ought to have been given in the Court below by the judges thereof, and such judgment shall be of the like effect as if it were the judgment of...
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The Parliamentary Debates

Great Britain. Parliament - 1907 - 1160 sidor
...subject to such rules and regulations as the Court may from time to time by rules direct. The said Court of Appeal shall give such judgment as ought to have been given in the Court below by the Judge thereof, and such judgment shall be of the like effect as if it had been the judgment...
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Rapports judiciaires revisés de la Province de Québec ...

Michel Mathieu - 1898 - 600 sidor
...may appeal, provided any one of the Judges dissent from the rule being refused, &c., &e." (Sect. 35). "The court of appeal shall give such judgment as ought to have been given in the court below, &c." (Sect. 41). Toute cette legislation cst une reconnaissance dc la necessite qu'il y avail an paravaut...
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Virginia Reports: Jefferson--33 Grattan, 1730-1880

1904 - 746 sidor
...the appellee to release the excess under the provisions of the law, 1 Rev. Code 513, § 110, and ask such judgment as ought to have been given in the court below. In that event too, the appellee should have his costs: for, otherwise, that section of the act of assembly...
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The Law and Practice of Civil Proceedings, by and Against the Crown and ...

George Stuart Robertson - 1908 - 1068 sidor
...or a judge thereof, or any officer to whom the Court may think proper to Covrt. refer the same ; and the Court of Appeal shall give such judgment as ought to have been given by the Court of Exchequer, and shall have power to adjudge the payment of costs. 678 Courts of Appeal....
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A Digest of the Death Duties [alphabetically Arranged] with ..., Volym 2

Arthur William Norman - 1912 - 524 sidor
...or any officer of the Court of Exchequer, to whom the same is referred by the Court or a judge ; and the Court of Appeal shall give such judgment as ought to have been given by the Court of Exchequer or judge, and may award costs. S. 60. The appeal in all such cases as aforesaid...
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