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, 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 Verdict in, not set aside for excessive damages, 421.424 But costs allowed when verdict against evidence, COUNSEL, See TERMS. Misbehaviour of, will avoid verdict, Surreptitiously handing papers to jury, 601 And in case reserved, and decided on merits, 602 603 45 45 48 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 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 But will if jury have shown gross partiality, 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, 571 fraud, 573 Rules in, differ from law, 576 Principal rule in, to satisfy conscience of the court, 579 579 If not, a new trial granted by, as a matter of course, Page EVIDENCE, Received on the roire dire, will not hurt, 242 243 dict will stand, 246 Or operate favourably to the party objecting, 249 250 252 Verdict will be set aside for, 253 But not when other evidence goes to same fact, 255 256 Nor when legal, but rejected on illegal grounds, 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- Nor although against weight of, if action trifling, 401 |