A Treatise on the Law of New Trials in Cases Civil and Criminal, 第 1 卷

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Banks, Gould & Company, 1855

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It is a general rule to refuse a new trial for the mistakes or omissions
34
Craig
35
The objection to a grand juror by reason of partiality and dislike or want
41
If the party or any one on his behalf directly approach a juror on the sub
48
It is a general rule that all disingenuous attempts to stifle or suppress evi
55
CONTENTS
56
If at any time intermediate the opening of the cause and their rendering
63
It would appear to follow as a necessary inference that if the jury take
73
Upon this point the practice in this country appears to have resolved itself
85
But if the jury before agreoing have dispersed whether with or without
95
If the jurors unable to agree resort to the determination of chance it will
103
Warburton
111
The King v Wood fall
118
Lord G r v Heath 449
128
CHAPTER
132
Anonymous Case
134
If the jury find only part of the issue judgment cannot be entered on
140
The People v The N Y Common
142
If the jury find a verdict in tho alternative or in terms so imperfect and
149
The People v The Superior Court
167
Where n party or his counsel aro taken by surprise whether by fraud or
168
When in the progress of the trial the cause suffers injustice from the honest
179
Salisbury 395
185
But the court will not relievo the party from the consequences of mere igno
187
The People v Comstock
191
If evidence be not objected to when offered it will be considered as waived
199
Ruble
204
CHAPTER VII
209
Coleman
211
Neither a direct impeachment of the veracity of the witnesses nor affida
220
Cairns 365
221
Intimately connected with the preceding rule is this that a new trial will
228
572
235
If the judge at the trial decide to admit illegal testimony on the merits
237
Hull 397 603
239
CHAPTER IX
261
With a like scrupulous attention to the rules of law that ought to govern
270
If the judge send the case to the jury whoa he ought to have nonsuited
278
If the judge give in charge to the jury questions of law or if where
288
When the plaintiff would be entitled to the benefit of the verdict in another
357
If the verdict be against the weight of evidence especially if the justice
367
It is a general rule that where in weighing the testimony on a motion
374
But the verdict will not be set aside as against evidence where there
380
A rule closely allied to the preceding is that a new trial will not be granted
388
In disposing of motions to set aside verdicts and grant new trials on
398
The Union Ins Co 468
401
When the judge who tries the case expresses himself satisfied with the ver
404
Deyo 296 300
411
Wadsley 358
430
But even in personal torts where the jury find outrageous damages clearly
442
An argumentative verdict is void and will be set aside on motion and a
447
But in actions where by reason of the agreement of the parties or from
452
Seames 104 110
458
FOR NEWLY DISCOVERED EVIDENCE
462
J The party applying on the ground of newly discovered evidence must make
472
S On motions for new trials on newly discovered evidence it is a well settled
486
In convictions for felonies on the ground of irregularity the court will inter
507
United States v Coolidge 191
511
In misdemeanors the court has the acknowledged right to grant new trials
514
In hard actions a new trial will not be granted especially if the verdict
523
The same rule extends to cases in their nature penal whether the forms
530
CHAPTER XV
537
After two verdicts whether concurring or contradictory a new trial will
546
IN EQUITY AFTER VERDICTS ON FEIGNED ISSUES AND ISSUES AT
557
Callander
565
But when the plaintiff in equity makes a clear case of fraud and surprise
573
Kirke
577
Graves
580
Ralls 163
585
If the verdict on the feigned issue bo decidedly unsatisfactory to
588
Vanlear
592
Terms of granting new trials
597
Bauglis Case
600
Other terms superadded to costs on the merits
604
Smith
607
224
615
249
621

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第 570 頁 - ... 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.
第 280 頁 - 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.
第 214 頁 - Defendant afterwards, under leave, reserved at the trial, moved for and obtained a rule to show cause why the verdict should not be set aside...
第 361 頁 - Pleas, calling upon the plaintiff to show cause why the verdict should not be set aside...
第 viii 頁 - The discretion of a judge is the law of tyrants: it is always unknown ; it is different in different men; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice ; in the worst, it is every vice, folly, and passion to which human nature is liable.
第 19 頁 - 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.
第 507 頁 - 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.
第 234 頁 - 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.
第 421 頁 - ... for a rule to show cause why a new trial should not be granted...
第 293 頁 - The question of probable cause is a mixed question of law and of fact. Whether the circumstances alleged to show it probable are true, and existed, is a matter of fact; but whether, supposing them to be true, they amount to a probable cause, is a question of law.

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