Principle

APPELLATE PRACTICE — Misapprehension of Case — Effect on Judgment

Area of law
APPELLATE PRACTICE
Court
Supreme Court

A court that misapprehends a party's case and decides on that misrepresentation commits a fundamental vice. Such a decision is indefensible and must be set aside. The principle applies to all appellate proceedings. The rule protects parties from judgments based on misunderstood facts or claims.…

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