tion. He may appeal from the whole or any part of the judgment, and in case he ap peals from a part the notice shall specify which part. He never prints a brief, or lodges such a document with the court, or ex changes it with opposing counsel. He must, however, supply each of the three judges with a copy of the pleadings upon which is sue was joined below, of the judgment and of the transcript of the material parts of the evidence. When the case is called, counsel for the appellant states his case and argues his points, and has an opportunity to reply to his adversary's argument. Upon the close of his reply the judges at once, or at least in the great majority of instances, give their judgment. It is true that they now and then state that they will take time to write their opinions, but in such cases they will not permit counsel to hand up any printed arguments or briefs. The whole matter is concluded as far as counsel are concerned when their oral arguments have been heard. The power of the Appeal Court is very wide. It has authority not merely to make an order or ruling which ought to have been
made by the court below, but also to make such further order as the case may require, "notwithstanding that the notice of appeal may be that part or all of the decision may be reversed or varied, and such powers may also be exercised in favor of all or any of the respondents or parties, although such re spondents or parties may not have appealed from or complained of the decision." The ap peal is in the nature of a rehearing of the case on its merits. No technicalities are con sidered. The admission of improper evi dence would not affect the judges unless they were shown that such a breach of the laws of evidence had materially contributed to work an injustice to the appellant. Thus it hap pens that not once in fifty times is a case reversed and remanded for new trial. If er ror has been committed below, the Lord Justices of Appeal considers what effect it has had on the verdict of the jury or the judg ment of the court, and they save the parties, so far as is possible, the expense and delay of a new trial by giving such a judgment as to their minds seems to do justice. Stuff Gown.
