Trial by Jury - Continued New trials and the 7th amendment - Limitation on expansion of the The rule of the English Common law that a "general verdict can Pages 292 254-255 272-273, 279 The incorporation of this rule as the means prescribed for pre- Procedural devices to cure and prevent false verdicts The attaint The motion for a new trial The motion for a directed verdict 269-270, 305-306 270-273, 305-307 276-307, 330-338 262-263, 266, 270, 300 326-327 A directed verdict expresses a conclusion of law, not of fact. 332-333 Question as to special findings, on specific issues of fact submitted Jury trial procedure in Illinois In general 330-338, 344-362, 363-367, 394-395 The judge's control over the jury 363-367 In Illinois jury-trial procedure is weighted against the plaintiff 335-338, 363, 394-395 Jury trials in original proceedings for mandamus in the State 344-362 Jury trial in municipal court of Chicago 367-370 Advance fee not a clog on right to trial by jury Illinois appellate n. o. v. practice In 1896 the Illinois Supreme Court turned the judges of the Illinois appellate non-obstante-veredicto practice, or n. o. v. Jury trial of the question of just compensation for private prop- erty "taken or damaged" 381-389 Trial by Jury - Continued Pages 389-395 The right of appeal and trial de novo on a justice's judgment, 880 On violation of a quia timet prohibitory order in the final in- 880 Federal right to have the local state law concerning jury trial in criminal cases administered judicially and not arbitrarily 76, 89, 101 In constitutions of the several states In Massachusetts, declaration of rights, 1780 Discretion of jury in criminal cases Range of discretion In decision of issue of fact of guilt or innocence To find a verdict of guilty Judicially controllable discretion By direct verdict By grant of new trial To find a verdict of not guilty Arbitrary and uncontrollable discretion New trial, in criminal cases Motion for a new trial On ground of newly discovered evidence 69, 87, 90, 95, 97 69 On ground of enforced absence when verdict was rendered. Tuley Act of Illinois, Equity jurisdiction to set aside judgment in pro- ceedings under 932-941 Comment on West Chicago Park Commissioners v. Riddle 932-941 Tunnels, lowering tunnel under navigable river Ordinance by council directing street railway company to lower tunnel 715 715 Ubi Jus Ibi Remedium, as principle in English law 818 Uniform Legislation, uniform judicial interpretation Uniformity of Judge-made State Law, in state and federal courts 870 871 871 870 31, 61 38-62 Pages Unreviewable Wrong, doubtful state decisions of questions of federal 119-127 Vested Right, grant of street railway franchise in Illinois, subsequent 68 to the constitution of 1870, not a vested interest 575-585 Visgoths, tribal laws. 52-58 Waiver, failure to include claim in motion for a new trial as a waiver 88-90 140 Wigmore, on Evidence Wills Jurisdiction over wills 214 So called equity jurisdiction to construe and reform wills Construction Doctrine that there is ordinarily no equity jurisdiction to Correction of mistake in government description of land rights in foreign real property Validity of wills Challenged for fraud, undue influence or mental capacity Writ of Error Basis for a writ 817-840 825 820 820-821, 833 825-840 841-845 824-825 decision Out of federal supreme court Under judiciary act of 1789, sec. "Where is drawn in question the validity of a statute of. any state on the ground of. to the constitution of the United States 115, 116 being repugnant and the 115-116 "Where any title, right, privilege, or immunity is claimed 115-116 Federal writ of error to review state decision 64, 88, 97-98, 115-116 Under federal judicial code, sec. 237 64, 88 Procedure by writ of error coram nobis and jury trial To vacate judgment entered through fear of mob violence Writs sec. 905 Writs not specifically provided for by statute Power of federal courts to issue writs under R. S. sec. 716 96 985-988 141 817-860 |