Davis v. Leab
Davis v. Leab
Opinion of the Court
delivered the opinion of the Court.
The act of 1825, ch. 117, had for its object the prevention of the reversal of judgments, unless upon the very questions submitted'to the tribunals below; and was intended to remedy the evils flowing from the raising of points above, and assigning the same for error, which were never agitated below, and which, if they had been, could easily have been remedied by amendment of the pleadings, or otherwise, but which remedy was entirely lost to the party after the cause was in the appellate Court. The Legislature intended to make this Court, so far as regarded the common law cases, strictly an appellate Court, deciding every cause upon the questions submitted below, and upon none other. If general prayers are allowable, it is obvious that the mischiefs intended to be x-emedied by the act will not at all be obviated, because upon a general prayer, it is impos»
APPEAL DISMISSED.
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