Principle

APPELLATE PRACTICE – Concurrent Findings of Fact – Interference by Supreme Court – Need for Cogent Reasons

Area of law
APPELLATE PRACTICE
Court
Supreme Court

An appellant seeking to upset concurrent findings of two lower courts must show, clearly and positively, that the findings violate some principle of law or procedure. Mere disagreement is insufficient. The burden is heavy. The appellant must demonstrate perversity, miscarriage of justice, or error of…

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