Paul W. Frankel & Another v. J

On a Judge's report of questions of law a party was not entitled to raise an issue which had not been presented to the Judge in the trial court and which was not included in the report. Although on a Judge's report of questions of law to this court the unsuccessful party below failed to argue in its brief the issues presented by the Judge's report, this court nevertheless responded to the questions, since the other party had fully briefed the issues and the answers to the reported questions were reasonably clear. [45]