An Essay on New Trials

¾ÕÇ¥Áö
Halsted & Voorhies, 1834 - 636ÆäÀÌÁö

µµ¼­ º»¹®¿¡¼­

¼±ÅÃµÈ ÆäÀÌÁö

¸ñÂ÷

108
43
CHAPTER III
45
But if insidious attempts of this kind be known to and
52
to be approached and laboured by the parties or their agents
63
It would appear to follow as a necessary inference that
73
120
79
It was formerly held that if the jury separated after being
80
But if the jury before agreeing have dispersed whether
95
Roberts
101
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
Burrows
123
Higden
128
Connop
129
CHAPTER V
132
Drury
135
If the jury find only part of the issue judgment cannot
140
Lanoe
144
Atkins
146
If the jury find a verdict in the alternative or in terms
150
Kaye
152
An argumentative verdict is void and will be set aside
157
Where a party or his counsel are taken by surprise whether
168
But to entitle the party to relief there must be merits
174
Bulmer
175
When in the progress of the trial the cause suffers injustice
180
Tobin
182
But the court will not relieve the party from the consequences
187
Smith
191
If evidence be not objected to when offered it will be con
199
CHAPTER VII
209
Chambers
214
Howard
217
Neither a direct impeachment of the veracity of the wit
221
Intimately connected with the preceding rule is this that
228
CHAPTER VIII
236
If the judge at the trial exclude legal testimony on
252
CHAPTER IX
261
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
If the judge give in charge to the jury questions of law or
288
247 248
294
In ordinary cases notwithstanding a misdirection if
301
When the judge interposes his opinion strongly on the facts
310
Where the judge instructs correctly on points of law a ver
317
Dimon
323
317
323
CHAPTER X
326
Coleman
364
ford
367
If the verdict be against the weight of evidence especially
368
Bowman v
370
It is a general rule that where in weighing the testimony
374
But the verdict will not be set aside as against evidence
380
Moore
383
Warford
387
A rule closely allied to the preceding is that a new trial
388
Taber
391
In disposing of motions to set aside verdicts and grant
398
When the judge who tries the case expresses himself satis
405
265
430
But even in personal torts where the jury find outrageous
442
In personal torts and actions sounding in damages the court
448
McConnel
456
CHAPTER XIII
462
Ewing v Price
463
201
469
The party applying on the ground of newly discovered evi
473
On motions for new trials on newly discovered evidence
485
Brown v
488
Closely allied to the preceding rule is another that if
496
Knight
513
In misdemeanors the court has the acknowledged right
515
Stevens
522
In hard actions a new trial will not be granted especially
523
Rawlins
528
The same rule extends to cases in their nature penal whe
531
CHAPTER XV
537
After two verdicts whether concurring or contradictory
547
But the courts have held that there is no limit to their dis
548
CHAPTER XVI
557
Shaaffer
572
But when the plaintiff in equity makes a clear case of fraud
573
The object of issues directed out of chancery being to
579
Wright
583
If the verdict on the feigned issue be decidedly unsatisfac
589
Phillips
593
CONCLUSION
597
Place
603
Costs for irregularity c ibid
604
445
611
300
618
253
624
226
627
444
631
477
636

±âŸ ÃâÆǺ» - ¸ðµÎ º¸±â

ÀÚÁÖ ³ª¿À´Â ´Ü¾î ¹× ±¸¹®

Àαâ Àο뱸

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.

µµ¼­ ¹®ÇåÁ¤º¸