A Treatise on New Trial and Appeal, Τόμος 1Bancroft-Whitney, 1912 - 1902 σελίδες |
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Συχνά εμφανιζόμενοι όροι και φράσεις
39 Wash 57 Wash 9 Cal abuse of discretion action adverse party affidavit alleged amendment appear apply Ariz attorney Bank California Code cause Civil Procedure Code of Civil Codes of Idaho Colo Colorado counsel court held Cutting's Compiled Laws Davis decision defendant delivering the opinion demurrer dence effect Estate filed findings ground improper irregularity issues of fact Jones judge jurors jury trial justice Lord's Oregon Laws ment misconduct Mont Montana Morr motion moving party newly discovered evidence nonsuit North Dakota notice of intention objection plaintiff pleadings Practice Act prejudice proceedings proper provision question reason reference refused Revised Codes rule San Francisco Seattle Smith Southern Pacific Southern Pacific Co specific statement statute subdivision sufficient Superior Court supra supreme court testimony Thompson tion trial by jury trial court unless Utah verdict waived waiver witness
Δημοφιλή αποσπάσματα
Σελίδα 183 - The right of trial by jury shall be secured to all, and remain inviolate ; but in civil actions three-fourths of the jury may render a verdict.
Σελίδα 576 - Where the variance is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Σελίδα 425 - ... 2. Insufficiency of the evidence to justify the findings and decision. " 3. Newly discovered evidence material to defendants and which could not with reasonable diligence have been discovered and produced at the trial.
Σελίδα 572 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Σελίδα 280 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Σελίδα 135 - ... 1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial; "2.
Σελίδα 136 - Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a finding on any question submitted to them by the court by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors.
Σελίδα 191 - Trial by jury may be waived by the several parties to an issue " *• ' of fact in actions arising on contract...
Σελίδα 638 - That a witness, false in one part of his testimony, is to be distrusted in others ; 4.
Σελίδα 135 - The former verdict or other decision may be vacated and a new trial granted, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: 1.