RINGGOLD'S CASE, 21

followed, on the other hand, that much matter might have been put
aside or omitted, which one or other of the parties had deemed of
great importance, and upon which he had earnestly relied.(p) The
opinion of the Chancellor, it is also evident, should still less be
relied on as to what were the points made before him; because,
like all other judges, he expresses an opinion on such points only
in the case as appears to him to be decisive; and passes over all
others unnoticed; or indeed, as sometimes, though rarely happens,
he takes a view of the case which renders it wholly unnecessary
to pay the least attention to any one of the points that have been
made by either of the parties to the controversy.(q)

Yet it is all important to the due administration of justice, in all
cases, that " the full proceedings of the court," appealed from,
with an exact exhibition of the exceptions and points there taken
and made, and nothing more, should be as amply and correctly
spread out and presented before the revising and appellate court as
they were before the court below. For it is perfectly manifest,
that, as on the one hand, the case should not be taken in frag-
ments, upon successive appeals, or with any additions ;(r) so, on
+he other, the parties should not be permitted to deviate from or
enlarge the ground occupied by them, in the court below, by tak-
ing any other exceptions, or making any new points. Because, in
passing upon any such new matter the Court of Appeals cannot
act, according to the terms of its constitution, merely as a tribunal
for the revision and correction of errors; but must necessarily
step beyond its legitimate orbit, and take upon itself the power of
a court of original jurisdiction(s) And by thus suffering itse f, in
any respect, to put forth a power, beyond its appropriate sphere,
it must inevitably draw to itself much business not properly belong-
ing to it; and often take the parties by surprise with exceptions
and points which had never before been thought of; or which had
been, until then, purposely concealed, in order to defeat a party of
his just right as authenticated by the judgment of the court below;
where all such new objections might have been readily removed,
had they been then made, and the parties apprised of them at the
proper stage of the controversy, (t)

(p) O'Brien v. Connor, 2 Ball & Bea. 154.—(q) Kelly v. Greenfield, 2 H. & McH.
141.—(r) 1810, eh. 144, s. 4; Canter P. The American & Ocean Insur. Com., 3 Peters,
$18.—(s) Chambers v. Wilkins, 2 Litt. Rep. 146; Huling v. Fort, 2 Litt. Rep. 184.
ft) Carrollr. Norwood, 4H. &McH. 290;Mahoneyv Ashton,4H St McH. 323;
Beekman v. Frost, 18 John. 558.