Fieman v Balas [1930] HCA 39

Fieman v Balas [1930] HCA 39

So long as the verdict stands, the judgment is correct and the High Court cannot alter the verdict; thus, the appeal must be dismissed.

Parties
Appellant; Plaintiff: John Fieman; Respondent; Defendant: Joseph Balas; Respondent; Defendant: Robert Leslie Forsyth; Respondent; Defendant: Hedley Frank Summons
Jurisdiction
Australia
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Appeal From Jury Verdict, Trial by Jury, Setting Aside Verdict, Judgment on Verdict
Civil Procedure Appeal From Jury Verdict Trial by Jury Setting Aside Verdict Judgment on Verdict

Case Brief

Summary, issues, holding and outcome

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Parties

John Fieman

Appellant; Plaintiff

Joseph Balas

Respondent; Defendant

Robert Leslie Forsyth

Respondent; Defendant

Hedley Frank Summons

Respondent; Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether an appeal lies to the High Court from a general verdict of a jury accompanied by a judgment in accordance therewith

Ratio Decidendi

So long as the verdict stands, the judgment is correct and the High Court cannot alter the verdict; thus, the appeal must be dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; judgment for the defendants to stand; appellant to pay the costs.