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Essays and addresses(The Chief Justice of the State across the Lake from Ontario is reported to have declined to sit to hear the Becker case because the decision might not be ready before his term ex- pired, some months later. This would be impossible under our system. ) If the trial judge refuses to state a case, an application may be made to the Appellate Division to compel him to do so. If the Appellate Division think a case should be stated, sometimes the application is treated as the case which should have been stated and judgment given accordingly this was done in a murder case in which I refused to state a case; a new trial was ordered. Or an order is made for a case and the trial judge states a case which is argued and disposed of without delay. prev next |