Cal. Code Civ. Proc. § 43

Current through the 2023 Legislative Session.
Section 43 - Authority of court in proceedings before courts; questions determined if new trial granted

The Supreme Court, and the courts of appeal, may affirm, reverse, or modify any judgment or order appealed from, and may direct the proper judgment or order to be entered, or direct a new trial or further proceedings to be had. In giving its decision, if a new trial be granted, the court shall pass upon and determine all the questions of law involved in the case, presented upon such appeal, and necessary to the final determination of the case. Its judgment in appealed cases shall be remitted to the court from which the appeal was taken.

Ca. Civ. Proc. Code § 43

Added by renumbering Section 53 by Stats. 1967, Ch. 17.