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that, although the plaintiff had died, they should have no difficulty in imposing such terms as would enable the parties to go to another trial if necessary. And Garrow, B., mentioned a case in which he had been of counsel, where the court of king's bench had imposed similar terms in granting a new trial on the application of the defendant, who, it was suggested, was likely to die before the cause could be tried a second time. And in Palmer v. Cohen,(1) Lord Tenterden, Ch. J., observes-"It might be done in an action of this kind, as well as in a mere action of debt."

Other instances may well be conceived, in which the exercise of this salutary power might become necessary for the furtherance of justice. It may be safely asserted, that no case can occur, presenting circumstances timely addressed to the discretion of the court, in which the rights of the parties may not be fully protected, by the imposi tion of conditions meeting the exigency.

(1) 2 Barn. & Adol. 966.

INDEX.

ABSENCE, of party or his counsel,

Court will relieve from, if merits and excuse,

But not if by neglect, -

Must be satisfactorily explained,

So of witnesses,

See COUNSEL and PARTY.

Page

161

162. 171

166

166

209

AFFIDAVITS, of jurors not received to inculpate themselves, 111

But will be received to sustain verdict,

Of others, cannot be received to impeach integrity

of jurors,

ARTIFICE, fraud, trick, will vitiate verdict,

116

126

56

56

56, 57, 58.

And disingenuous attempts to suppress evidence,
Or mislead court and jury,

See FRAUD.

ASSAULT AND BATTERY, AND FALSE IMPRI-

SONMENT,

New trial in, if verdict against evidence,

373

Verdict in, not set aside for excessive damages, 421.424

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Verdict in, not set aside for excessive damages, 421.424

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But costs allowed when verdict against evidence,

COUNSEL,

See TERMS.

Misbehaviour of, will avoid verdict,

Surreptitiously handing papers to jury,
Tampering with jurors,

601

And in case reserved, and decided on merits,

602

603

45

45

48

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Absence of, relieved against, if through mistake or

necessity,

162

Not when result of neglect,

166

Surprise of, relieved against, if by accident or fraud, 168

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Nor from consequences of ignorance or inadvertence, 187

Nor where they might have submitted to nonsuit,

Or put off cause,

Nor when evidence withheld by

Client bound by conduct of,

Must raise objections to evidence when offered

CRIMINAL CASES,

Especially such as might be obviated,

New trials on the merits,

And for irregularity,

In felonies,

In misdemeanors,

191

191

192. 196

193

199

204

504.506

504.507

507

515

CRIMINAL CONVERSATION,

Sui generis, verdict will stand, although damages

excessive,

Unless outrageous, evincing passion of jury,

DAMAGES-Excessive, not cause for new trial.

In personal torts,

Page

412

442

410

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But will if jury have shown gross partiality,
And when there is a measure of damages,

450

453

DEFAMATION,

See LIBEL and SLANDER.

EQUITY, power of, to relieve by directing new trials at law, 557

And awarding feigned issues for cause,

557

And new trials thereon,

557

Party applying to, must show diligence,

-

560.571

Will not be granted by, if application made at law

and rejected,

-

569

And the court at law had competent jurisdiction,
Will grant new trial for a clear cause of surprise or

571

fraud,

573

Rules in, differ from law,

576

Principal rule in, to satisfy conscience of the court,
If sufficient to this, motion will be refused by, although
verdict against law and evidence,

579

579

If not, a new trial granted by, as a matter of course,
Must be applied to, in first instance, on feigned issues,

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EVIDENCE,

Received on the roire dire, will not hurt,
Where it cannot mislead, or has been waived,
If sufficient of legal, without illegal testimony, ver-

242

243

dict will stand,

246

Or operate favourably to the party objecting,
This principle, not recognised in New-York,
REJECTION OF ILLEGAL TESTIMONY,

249

250

252

Verdict will be set aside for,

253

But not when other evidence goes to same fact,
Nor under a bad plea, -

255

256

Nor when legal, but rejected on illegal grounds,
Nor when judge has discretion to receive or reject,
Unless he abuse his discretion,

257

258

260

indulged,

False evidence, effects of, as to witnesses,

Presumptions in the absence of evidence not to be

Verdict, when no evidence to sustain it,

Suppressing evidence, a fraud, will avoid verdict,

And on motion for a new trial,

271

278

56

221

225

Verdict clearly against, will be set aside,

362

Even in hard actions,

371

Or when evidence on one side, and case not fully be-

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Nor although against weight of, if action trifling, 401

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