Pie Powder Being Dust From the Law Courts Collected And Recollected On the W

Cover Pie Powder Being Dust From the Law Courts Collected And Recollected On the W
Pie Powder Being Dust From the Law Courts Collected And Recollected On the W
John Alderson Foote
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If the judges of the Appeal Court are satisfied that they would have found a different verdict, they must logically be of opinion that the verdict appealed against is wrong, and the appellant ought to succeed. Further, it is their province to decide men- io6 THE CIVIL COURT tally, aye or no, are they satisfied that they would have found a different verdict ; and not to stop half-way at the point where they are not satisfied that they would have found the same one. It goes without saying that if... their conviction is not strong enough to carry them past that point the appellant has not made out his case. All that I am contending for is that the appellant is entitled to call upon them to go further, if they can. It may be useful at this point — and not, I hope, presumptuous — to consider a form of phraseology which has not unfi-equently been heard of late years in the Court of Appeal. It is said that the question is not whether the judges of appeal agree with the verdict, but whether the verdict is such that twelve reason- able men could not have found it.

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