An Essay on New Trials

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Halsted & Voorhies, 1834 - 636 σελίδες
 

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Περιεχόμενα

And it has been held that if one of the regular panel
33
The People v Ransom 38 504 513
38
The objection to a grand juror by reason of partiality
40
If the party or any one on his behalf directly approach
48
If indirect measures are resorted to to prejudice the jury
54
Parmelee 14 Miller v Hower 153
55
If the jurors receive papers not submitted or partially sub
66
It would appear to follow as a necessary inference that
73
It was formerly held that if the jury separated after being
80
But if the jury before agreeing have dispersed whether
95
Tilly 495 Hall v Tuttle 291
97
The People v Douglass
101
If the jurors unable to agree resort to the determination
104
Jones
108
But the practice appears to be now generally settled both
111
The People v The Columbia
113
Willan 600
115
Kitchin 8 303 344 398
120
When the jury render a perverse verdict or one manifestly
121
CHAPTER V
132
If the jury find only part of the issue judgment cannot
140
Ansel 548
144
If the jury find a verdict in the alternative or in terms
150
Clifton
151
An argumentative verdict is void and will be set aside
157
Payne r Trezcvant 555
163
Where a party or his counsel are taken by surprise whether
168
Vaughan and Overton 214
169
But to entitle the party to relief there must be merits
174
Dod 298
175
When in the progress of the trial the cause suffers injustice
180
D
182
Foushee 156
185
But the court will not relieve the party from the consequences
187
The People v The N Y
191
Miles 329
192
If evidence be not objected to when offered it will be con
199
Den r Emerson
203
CHAPTER VII
209
479
213
Neither a direct impeachment of the veracity of the wit
221
Intimately connected with the preceding rule is this that
228
CHAPTER VIII
236
The Queen v Bewdley 2
237
Severn 445
249
The Queen v Coke 522
250
If the judge at the ttial exclude legal testimony on
252
CHAPTER IX
261
Moore
268
With a like scrupulous attention to the rules of law that
271
If the judge send the case to the jury when he ought to have
278
If the judge give in charge to the jury questions of law or
288
In ordinary cases notwithstanding a misdirection if
301
Bradley
303
When the judge interposes his opinion strongly on the facts
310
But if justice has been done the court will not against
341
Nor will the court set aside the verdict in trifling actions
347
It is a general rule with but few exceptions that in penal
353
Gaw
356
CHAPTER XI
361
Shepherd 328 Mulock v Mulock 587
364
If the verdict be against the weight of evidence especially
368
391
371
It is a general rule that where in weighing the testimony
374
Devonshire 357 Hammond v Wadhams 231 387 498
377
Center
378
But the verdict will not be set aside as against evidence
380
566
387
A rule closely allied to the preceding i3 that a new trial
388
Arkell
394
Lord 521
396
In disposing of motions to set aside verdicts and grant
398
Wood
403
When the judge who tries the case expresses himself satis
405
will not interfere
410
C
415
But even in personal torts where the jury find outrageous
442
Blachford 124 Harry v Watson
444
In personal torts and actions sounding in damages the court
448
Pierce
455
Cairns 365 Munsons Case 97
461
CHAPTER XIII
462
Robinson 105
464
Train 158 Hayward v Newton 449
469
The party applying on the ground of newly discovered evi
473
Work and others
478
259
484
On motions for new trials on newly discovered evidence
485
Closely allied to the preceding rule is another that if
496
Warren Fuzz 210
497
In misdemeanors the court has the acknowledged right
515
In hard actions a new trial will not be granted especially
523
The same rule extends to cases in their nature penal whe
531
Henderson 355
535
CHAPTER XV
537
After two verdicts whether concurring or contradictory
547
But the courts have held that there is no limit to their dis
548
CHAPTER XVI
557
But when the plaintiff in equity makes a clear case of fraud
573
Maupin t Whiting 573 Norris v Tyler 396
575
Earl of Darlington v Bowes
576
The object of issues directed out of chancery being to
579
Vaughan 425
581
Appleyanl 341
585
If the verdict on the feigned issue be decidedly unsatisfac
589
Earl of Peterborough c Sadler 459
590
m ri
594
CONCLUSION
597
Costs for irregularity c ibid
604

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Σελίδα 278 - Bagg,(3) an action to recover for board and lodging, the plaintiff was nonsuited, and now moved for a rule to show cause, why the nonsuit should not be set aside, and a new trial granted.
Σελίδα 341 - Pleas, calling upon the plaintiff to show cause why the verdict should not be set aside...
Σελίδα 163 - ... for a rule to show cause why a new trial should not be granted...
Σελίδα iv - The discretion of a judge is the law of tyrants: it is always unknown ; it is different in different men; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice ; in the worst, it is every vice, folly, and passion to which human nature is liable.
Σελίδα 371 - The jury, under the direction of the judge, found a verdict for the plaintiff for the amount of the second instalment and interest.
Σελίδα 191 - ... subject to the opinion of the court upon a case to be made, with liberty to either party to turn the same into a bill of exceptions, and subject to adjustment at the custom-house as to the amount.
Σελίδα 15 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Σελίδα 548 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.
Σελίδα 485 - A jury sworn and charged in case of life or member cannot be discharged by the Court or any other, but they ought to give a verdict.
Σελίδα 231 - That is, in all cases, most unsatisfactory evidence, on account of the facility with which it may be fabricated, and the impossibility of contradicting it. Besides, the slightest mistake, or failure of recollection, may totally alter the effect of the declaration.

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