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" But the most material difference between them is this, that a ve. fa. de novo must be granted upon matter appearing upon the record, but a new trial may be granted upon things out of it... "
A Practical Abridgment of American Common Law Cases Argued and Determined in ... - Σελίδα 139
των Jacob D. Wheeler - 1836
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Reports of Cases Argued and Adjudged in the King's Courts at ..., Τόμος 1

Great Britain. Court of King's Bench, George Wilson - 1799 - 426 σελίδες
...fpecial verdift. But the moft material difference between E 4 them is this, that a ve.fa. de two muft be granted upon matter appearing upon the record,...a new trial may be granted upon things out of it; if the record be never fo right ; if the verdict appear to be contrary to the evidence given at the...

Reports of Cases Argued and Determined in the Supreme Court of Appeals of ...

Virginia. Supreme Court of Appeals, William Waller Hening, William Munford - 1809 - 678 σελίδες
...difference between them is this ; that a venire facias de novo, must be granted upon matter apparent upon the record; but a new trial may be granted upon things out of it, if the record be ever so right ; if the verdict appear to be contrary to the evidence given at the...

The New Instructor Clericalis: Stating the Authority, Jurisdiction, and ...

John Impey - 1818 - 996 σελίδες
...special ven'.ict; but the most material difference between them is this, that a venire facias de novo must be granted upon matter appearing upon the record,...a new trial may be granted upon things out of it, if the record be never so right. If the verdict appear contrary to the evidence given, or the judge...

Reports of Cases Argued and Determined in the Court of Appeals of ..., Τόμος 4

Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 σελίδες
...proceeding by attaint. New trials are generally granted where a general verdict is found; a venire de nova, upon a special verdict. The most material difference...so imperfect that no judgment can be given upon it. 2. Where it appears that the jury ought to have found other facts differently. An example of the first,...

The New-York Legal Observer, Τόμος 3

Samuel Owen - 1845 - 434 σελίδες
...differ in many. But the most material difference between them is this : that a venire facias de novo must be granted upon matter appearing upon the record,...a new trial may be granted upon things out of it, if the record be never so right ; if the verdict appear to be contrary to the evidence given at the...

Questions and Answers on Law: Alphabetically Arranged. With ..., Τόμος 2

Asa Kinne - 1852 - 736 σελίδες
...found ; a venire de novo, upon a special verdict. The most material difference between them is this, that a venire must be granted upon matter appearing...contrary to the evidence, or the judge has given wrong instruction. But a venire can only be granted in one of two cases : 1. If it appear upon the face of...

A Treatise on Criminal Law as Applicable to the Dominion of Canada

Samuel Robinson Clarke - 1872 - 762 σελίδες
...between a venire de novo, and a new trial, is that the former must be granted, in respect of matters appearing upon the record, but a new trial may be granted upon things out of it. (e) It seems that a venire de novo can be awarded in a case of felony on a defective verdict. (/) Unless,...

A Treatise on Criminal Law as Applicable to the Dominion of Canada

Samuel Robinson Clarke - 1872 - 762 σελίδες
...between a venire de novo, and a new trial, is that the former must be granted, in respect of matters appearing upon the record, but a new trial may be granted upon things out of it. (e) It seems that a venire de novo can be awarded in a case of felony on a defective verdict. (/) Unless,...

A Treatise on the Criminal Law of Canada

Samuel Robinson Clarke, Henry Pigott Sheppard - 1882 - 638 σελίδες
...(y) Ibid. 15. (z) R<"lv S'mnoU, 27 UCQU f>39. (a) Whflan v. Key., 23 UCQB 59-91. (6) Ibid. 137. ing upon the record, but a new trial may be granted upon things out of it. (e) It seems that a venire de novo can be awarded in a case of felony on a defective verdict, (d) But...

Reports of Cases Decided in the Court of Appeal, Τόμος 14

Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1888 - 868 σελίδες
...hpecial verdict. But themost material difference between them is this, that a venire facias de novo must be granted upon matter appearing upon the record,...a new trial may be granted upon things out of it. If the record be never so right, if the verdict appear to be contrary to the evidence given at the...




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