Principle

APPELLATE PRACTICE — Decision — Misconception of Case by Appellate Court — Effect on Determination

Area of law
APPELLATE PRACTICE
Court
Supreme Court

A court that misconceives the issue before it will likely reach a wrong conclusion. Such decisions must be set aside on appeal. The principle applies to appellate practice. The rule allows appellate correction of fundamental misapprehension. The case may be remitted for rehearing before a…

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