| 1904 - 928 páginas
...granted. There is a section in the New York Code of Criminal Procedure which provides as follows : " After hearing the appeal the court must give judgment...to exceptions which do not affect the substantial rights of the parties." This might be improved upon by enumerating the technical errors which should... | |
| Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1904 - 736 páginas
...trial. But the Criminal Code contains a provision for the guidance of the appellate court as follows : "After hearing the appeal the court must give judgment, without regard to the decision of questions which were in the discretion of the court helow, or to technical errors,... | |
| New York (State), William Henry Silvernail - 1905 - 1252 páginas
...return ; and no copy thereof need be furnished for the use of the court. § 764. Judgment on appeal.— r which have not prejudiced the substantial rights of the defendants, and may render the judgment which... | |
| California - 1906 - 996 páginas
...Jurisdiction ceases after judgment remitted. § 1258. Judgment without regard to technical errors. After hearing the appeal, the court must give judgment...to exceptions, which do not affect the substantial rights of the parties. En. February 14, 1872. Cal. Rep. Cit. 47, 120; 50, 471; 53, 495; 55, 525; 56,... | |
| New York (State) - 1906 - 610 páginas
...after judgment remitted. § 542 Court to give judgment, etc., not affecting substantial rights. — After hearing the appeal the court must give judgment,...to exceptions which do not affect the substantial rights of the parties. See * 285, ante ; MS. pout. Illegal evidence which may have prejudiced the prisoner... | |
| 1922 - 1482 páginas
...inserted because of the last sentence of code. civ. proc., 5 1317, added in 1912, reading as follows: "After hearing the appeal, the court must give judgment,...to exceptions which do not affect the substantial rights of the parties." Code civ. proc., $ 768, eighth, ninth and tenth sentences faave been omitted... | |
| Panama Canal (Panama) - 1922 - 336 páginas
...the Supreme Court. CHAPTER IV. Judgment Upon Appeal. SEC. 277. After hearing the appeal, the Supreme Court must give judgment without regard to technical...to exceptions, which do not affect the substantial rights of the parties. $; *K": V -&?.'• MS-*. ^¥ Ifr' Ci? v '• fk^. SEC. 278. Upon an appeal taken... | |
| New York (State). Supreme Court. Appellate Division - 1922 - 1074 páginas
...are called upon to apply the rule laid down in section 1317 of the Code of Civil Procedure, viz., " After hearing the appeal, the court must give judgment,...regard to technical errors or defects or to exceptions v/hich do not affect the substantial rights of the parties." This defendant knew when the disc was... | |
| Harold Raymond Medina - 1922 - 288 páginas
...make any substantial change in the law, as the appellate courts have for many years been directed to give judgment without regard to technical errors or...to exceptions which do not affect the substantial rights of the parties (Code, Section 1317). Section 110, however, is new and is quite important. This... | |
| Daniel Woolsey Crockett - 1922 - 1014 páginas
...Pac. 515. (1894) Stat. 1893, §5330 (Wilson's Rev. & Ann. Sbit. 1903, §5618), provides that on nppenl the court must give judgment without regard to technical errors, or defects, or ti> exceptions that do not affect the substantial rights of the parties. Therefore, where only technical... | |
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