Lucas v. Craft

I concur in the view taken in the opinion of the court that the court did not err in refusing to strike out the evidence, and also for the reason below given, in the judgment of the court.

Section 6365, Code Va. 1919, provides that “a civil case shall no't be remanded for a trial de novo except where the ends of justice require it,” and that the appellate court “shall render final judgment upon the merits whenever, in the opinion of the court, the facts before it are such as to enable the court to attain the ends of justice.” The evidence upon the right of the plaintiff to recover seems to…