Principle

APPELLATE PRACTICE — Appeals in Civil Matters — Party Cannot Maintain on Appeal Case Different from That at Trial

Area of law
APPELLATE PRACTICE
Court
Supreme Court

An appellant cannot change his case on appeal from what was maintained at trial. The appeal continues the trial, not a fresh start. The principle applies to civil appellate practice. The rule prevents parties from advancing new cases after losing. The court will not entertain…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.