 | Great Britain. Courts - Law reports, digests, etc - 1908 - 648 pages
...given by Walton, J., which was reversed in this court. By Order LVIIL, r. 4, the Court of Appeal has power " to give any judgment and make any order which ought to have been made " ; and in this case the Court of Appeal gave the judgment which Walton, J. ought to bave given. If it is necessary... | |
 | Great Britain, Thomas Preston - Civil procedure - 1873 - 244 pages
...leave of the Court. The Court of Appeal shall have power to give any judgment and make any decree or order which ought to have been made, and to make such...powers aforesaid may be exercised by the said Court, notwith Rnlo 52 continued.] standing that the notice of appeal may be that part only of the decision... | |
 | Wynne E. Baxter - Civil procedure - 1874 - 452 pages
...leave of the Court. The Court of Appeal shall have power to give any judgment and make any decree or order which ought to have been made, and to make such...that part only of the decision may be reversed or varicd, and such powers may also be exercised in favour of all or any of the respondents or partics,... | |
 | William Downes Griffith - Civil procedure - 1875 - 700 pages
...and not without on other matspecial leave of the Court. The Court of Appeal shall have J"v°cnly by power to give any judgment and make any order which...exercised by the said Court, notwithstanding that the Court may notice of appeal may be that part only of the decision may '"hich be reversed or varied,... | |
 | John Mounteney Lely, William Decimus Inglett Foulkes - Court rules - 1877 - 700 pages
...the court. The Court of Appeal shall have power to give any judgment and make any order which ou^ht to have been made, and to make such further or other...court notwithstanding that the notice of appeal may he that part only of the decision may be reversed or varied, and such powers may also be exercised... | |
 | Sir William Thomas Charley - Civil procedure - 1877 - 1210 pages
...the other side notice that he will apply at the hearing for special leave to adduce such evidence. t "The Court of Appeal shall have power to give any...any order which ought to have been made, and to make suck further or other order its the case may require." "Larger words, I think," said Jessel, MR, when... | |
 | Edward Stanley Roscoe - Admiralty - 1878 - 592 pages
...order shall be a four days' notice. 5. The Court of Appeal shall have all the powers and duties as to amendment and otherwise of the Court of First Instance,...notice of appeal may be that part only of the decision reversed or varied, and such powers ma}' also be exercised in favour of all or any of the respondents... | |
 | Tennessee Bar Association - Bar associations - 1927 - 536 pages
...which the appeal is brought. . . . The Court of Appeal shall have power to draw inferences of fact and to give any judgment and make any order which ought...such further or other order as the case may require. . . . Such powers may also be exercised in favor of all or any of the respondents or parties, although... | |
 | Edward Stanley Roscoe - Admiralty - 1882 - 650 pages
...discretionary power to receive further evidence upon evidence. questions of fact, such evidence to be either by oral examination in Court, by affidavit, or by...been made, and to make such further or other order us the case may require. The powers aforesaid may be exercised by the said Court, notwithstanding that... | |
 | Great Britain. Supreme Court of Judicature - Civil procedure - 1882 - 1296 pages
...Instance." We could therefore, enlarge the time or do auy other act that is necessary. Then the Rule says, " The Court of Appeal shall have power to give any judgment...such further or other order as the case may require." Larger words, I think, could not be inserted, and it is not disputed, according to the argument, that... | |
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The Court of Appeal shall have power to give any judgment and make any order which ought to have been made, and to make such further or other order as the case may require. 
