An Essay on New Trials

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Halsted & Voorhies, 1834 - 636페이지

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Cottons Case
31
And it has been held that if one of the regular panel
33
The objection to a grand juror by reason of partiality
40
The People v Ransom 38 504 513 Tufts v Seabury
41
Ex parte Holyland
46
If the party or any one on his behalf directly approach
48
Brandin o Grannis
51
If indirect measures are resorted to to prejudice the jury
54
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
Crane v
89
But if the jury before agreeing have dispersed whether
95
Connop
97
The People v Douglass
101
Fowler
102
If the jurors unable to agree resort to the determination
104
But the practice appears to be now generally settled both
111
When the jury render a perverse verdict or one manifestly
121
Birch
128
Taylor
129
CHAPTER V
132
Adams
137
If the jury find only part of the issue judgment cannot
140
If the jury find a verdict in the alternative or in terms
150
Lisher o Parmelee
153
An argumentative verdict is void and will be set aside
157
Casterton
166
Where a party or his counsel are taken by surprise whether
168
But to entitle the party to relief there must be merits
174
De Roufigny v Peale
179
When in the progress of the trial the cause suffers injustice
180
But the court will not relieve the party from the consequences
187
Fuqua
194
If evidence be not objected to when offered it will be con
199
The People v Holmes
205
CHAPTER VII
209
De Giou v Dover
217
Neither a direct impeachment of the veracity of the wit
221
Cock
224
Parsons
225
Intimately connected with the preceding rule is this that
228
Bright o Eynon 4 328 342 539 603 Codwells Case
233
Parke
235
CHAPTER VIII
236
If the judge at the trial exclude legal testimony on
252
CHAPTER IX
261
Atkinson
267
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
Powers
284
Hewit
287
If the judge give in charge to the jury questions of law or
288
Wilson 247 248 Johnstone v Sutton 294
294
In ordinary cases notwithstanding a misdirection if
301
Dimon
306
When the judge interposes his opinion strongly on the facts
310
Where the judge instructs correctly on points of law a ver
317
Emerson
321
CHAPTER X
326
Shepherd
328
Wintermute
329
Olmius
331
Graham
367
If the verdict be against the weight of evidence especially
368
The Columbian
371
It is a general rule that where in weighing the testimony
374
Dommitt
379
But the verdict will not be set aside as against evidence
380
Cannon
381
A rule closely allied to the preceding is that a new trial
388
Taber
395
Maupin o Whiting
396
In disposing of motions to set aside verdicts and grant
398
The People v The N Y Com Tutton o Andrews
404
When the judge who tries the case expresses himself satis
405
Whipple 349 309 Grey v Sir Alexander Grant 424 443
408
Brecknock 411 450
411
Shepherd
429
Lady Grosvenor 539 Grinnell v Phillips
433
MKie o Nelson
441
But even in personal torts where the jury find outrageous
442
In personal torts and actions sounding in damages the court
448
Dyche
454
Sprat
456
CHAPTER XIII
462
Parmelee
463
The party applying on the ground of newly discovered evi
473
On motions for new trials on newly discovered evidence
485
The People v The Superior
488
Closely allied to the preceding rule is another that if
496
Devonshire
498
Beach 310 350 492 Commonwealth v Purchase
509
In misdemeanors the court has the acknowledged right
515
The Queen v Coke
522
In hard actions a new trial will not be granted especially
523
The same rule extends to cases in their nature penal whe
531
CHAPTER XV
537
The State v Caleb Jones 126 143 Wait v McNiel
544
Brown
545
After two verdicts whether concurring or contradictory
547
But the courts have held that there is no limit to their dis
548
Pierce
553
CHAPTER XVI
557
Burrill o Phillips
559
Strong
566
Stewart
571
Burton o Thompson 34 450 603 Coppins Case
572
But when the plaintiff in equity makes a clear case of fraud
573
Simmons
575
Cole
578
The object of issues directed out of chancery being to
579
146
581
Fletcher
585
Verelst
586
If the verdict on the feigned issue be decidedly unsatisſac
589
Malleti
591
CONCLUSION
597
Merest o Harvey
598
Costs for irregularity c ibid
604
Lybrand
612
Tripp
618
Dean 48 63 77 Palmer v Popelstone
620
Etteridge 354 530 Sandwell v Sandwell
624
Grey
628

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272 페이지 - 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.
335 페이지 - Pleas, calling upon the plaintiff to show cause why the verdict should not be set aside...
157 페이지 - ... for a rule to show cause why a new trial should not be granted...
365 페이지 - The jury, under the direction of the judge, found a verdict for the plaintiff for the amount of the second instalment and interest.
185 페이지 - ... 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.
9 페이지 - 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.
542 페이지 - ... 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.
479 페이지 - 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.
225 페이지 - 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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