affirmance of judgment

A determination that the action or proceeding under review is free from prejudicial error and that the judgment appealed from shall stand. 5 Am J2d A & E § 934. The dismissal of an appeal for want of prosecution is clearly not an affirmance of the judgment. Drummond v Husson, 14 NY 60, 61. Affirmance implies a consideration on the merits, while a dismissal may be very summary. 5 Am J2d A & E § 905

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • affirmance — I (authentication) noun acknowledgment, assertion, assurance, attestation, certification, confirmation, countersignature, declaration, endorsement, establishment, predication, pronouncement, ratification, substantiation, validation, verification… …   Law dictionary

  • affirmance — [ə furm′əns] n. [ME affermance < OFr < L affirmans, prp. of affirmare, AFFIRM] 1. an affirming or declaring 2. a confirming 3. Law an upholding by a higher court of a lower court s judgment or order …   English World dictionary

  • judgment of affirmance — See affirmance …   Ballentine's law dictionary

  • affirmance — The confirming, or ratifying of a former law, or judgment. The confirmation and ratification by an appellate court of a judgment, order, or decree of a lower court brought before it for review. See affirm. The ratification or confirmation of a… …   Black's law dictionary

  • affirmance — The confirmation of a judgment or order of court. A final determination upon appeal that the proceeding under review is free from prejudicial error. 5 Am J2d A & E § 934. A positive declaration. The adoption by a person of the prior act of… …   Ballentine's law dictionary

  • affirmance — mən(t)s noun ( s) Etymology: Middle French afermance, from afermer + ance : a strong declaration : affirmation: a. : an affirming of or assent to the existence, truth, or validity (as of a statement) …   Useful english dictionary

  • final judgment — A judgment which determines and disposes of the whole merits of the cause before the court by declaring that the plaintiff is or is not entitled to recovery by the remedy chosen, or completely and finally disposes of a branch of the cause which… …   Ballentine's law dictionary

  • conditional affirmance — An affirmance of the judgment rendered by the lower court, subject to remittitur or additur, depending upon whether the damages are found excessive or inadequate. 5 Am J2d A & E § 933 …   Ballentine's law dictionary

  • costs — A pecuniary allowance, made to the successful party (and recoverable from the losing party), for his expenses in prosecuting or defending an action or a distinct proceeding within an action. In federal courts, costs are allowed as a matter of… …   Black's law dictionary

  • costs — A pecuniary allowance, made to the successful party (and recoverable from the losing party), for his expenses in prosecuting or defending an action or a distinct proceeding within an action. In federal courts, costs are allowed as a matter of… …   Black's law dictionary

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