An Essay on New TrialsHalsted & Voorhies, 1834 - 636ÆäÀÌÁö |
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xiii ÆäÀÌÁö
... consequences of mere ignorance , inadvertence or neglect , by granting a new trial , 180 187 6. If evidence be not objected to when offered , it will be con- sidered as waived , and cannot sustain a motion for a new trial , under the ...
... consequences of mere ignorance , inadvertence or neglect , by granting a new trial , 180 187 6. If evidence be not objected to when offered , it will be con- sidered as waived , and cannot sustain a motion for a new trial , under the ...
xv ÆäÀÌÁö
... consequences to the party against whom it is found , if against law , a new trial will be granted , without regard to the amount or any other col- lateral matter , 341 347 350 5. It is a general rule , with but few exceptions , that in ...
... consequences to the party against whom it is found , if against law , a new trial will be granted , without regard to the amount or any other col- lateral matter , 341 347 350 5. It is a general rule , with but few exceptions , that in ...
4 ÆäÀÌÁö
... consequences , luxury and refinement . It is evident then , that new trials originated , not in any overweening anxiety of the courts to monopolize power , or extend a jurisdiction to which they had no claim . On the contrary , they ...
... consequences , luxury and refinement . It is evident then , that new trials originated , not in any overweening anxiety of the courts to monopolize power , or extend a jurisdiction to which they had no claim . On the contrary , they ...
5 ÆäÀÌÁö
... consequences as well as propositions of fact : in drawing these consequences the jury may mistake , and infer ... consequence to be decided according to the forms of the imperial law , upon depositions in writing , which might be ...
... consequences as well as propositions of fact : in drawing these consequences the jury may mistake , and infer ... consequence to be decided according to the forms of the imperial law , upon depositions in writing , which might be ...
6 ÆäÀÌÁö
... consequence , that the causes of new trials were no longer confined to the record . As the modern practice called into exercise a power of courts of law that formerly lay dormant , it proceeds upon new grounds , being matters dehors the ...
... consequence , that the causes of new trials were no longer confined to the record . As the modern practice called into exercise a power of courts of law that formerly lay dormant , it proceeds upon new grounds , being matters dehors the ...
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action admitted affidavit agreed alleged appear application assumpsit attorney avoid the verdict bill charged the jury circumstances consent court Cowen Curiam damages debt declared deed defendant moved delivered the opinion dence denied dict directed the jury discretion empannelled entitled error fact favour fendant found a verdict fraud given Greenl ground guilty held impeach indictment injury issue Johns judgment jurors jury found juryman justice learned judge Lord Lord Ellenborough Lord Mansfield Lord Tenterden malicious prosecution matter misdirection mistake motion to set moved to set nisi prius non est factum nonsuit novo objection party perjury person plea principle probable cause produced promissory note proved reason recover refused rejected rule nisi show cause statute submitted sufficient sworn taken Term Rep testimony tiff tion trespass trial by jury trial granted trial was granted tried usury venire facias Vide Wendell witness writ of attaint writ of inquiry
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270 ÆäÀÌÁö - 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.
333 ÆäÀÌÁö - Pleas, calling upon the plaintiff to show cause why the verdict should not be set aside...
155 ÆäÀÌÁö - ... for a rule to show cause why a new trial should not be granted...
363 ÆäÀÌÁö - The jury, under the direction of the judge, found a verdict for the plaintiff for the amount of the second instalment and interest.
183 ÆäÀÌÁö - ... 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.
7 ÆäÀÌÁö - 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.
540 ÆäÀÌÁö - ... 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.
477 ÆäÀÌÁö - 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.
223 ÆäÀÌÁö - 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.