Smith v. Croom

Smith v. Croom

Lower Court

  • Leon County


  • 1839


  • 452


  • 805


And when a Judge in the Court below decided a verdict which in ???? of the contrary the Judge steps there and ??? not go on the give his opinion upon a branch of the case no longer essential to his judgment. If an appeal is taken from what the Judge has decided & his judgment in ????. What is the cause why the cause is sent back and he proceeds to determine that which he had not before decided taking the decision of the appellate Court as a part of his own judgment. When he decided the second point the which case has been determined in the Court of original jurisdiction.

This Court is a Court of Appeal it can revise and reverse what an inferior Court has decided, but it has no other permission. It cannot reverse where there has been no decision. This Court has