DAMAGES, Nor libel or slander, Nor trespass, Nor breach of promise, Nor trover, But damages outrageously excessive will avoid verdict, In all cases of personal torts, Not for smallness of damages, But will, if jury have shown gross partiality, And when there is a measure of damages, DEFAMATION, (See LIBEL AND SLANDER.) EQUITY, power of, to relieve by directing new trials at law, And awarding feigned issues for cause, And new trials thereon, Party applying to, must show diligence, 426 434 440 441 442 442, 448 448 450 453 557 557 557 560, 571 Will not be granted by, if application made at law and rejected, 569 And the court at law had competent jurisdiction, 571 Will grant new trial for a clear cause of surprise or fraud, 573 Rules in, differ from law, 576 Principal rule in, to satisfy conscience of the court, 579 If sufficient to this, motion will be refused by, although verdict against If sufficient of legal, without illegal testimony, verdict will stand, Presumptions in the absence of evidence not to be indulged, Or when evidence on one side, and case not fully before jury, 374 EVIDENCE, But not, if no new light to be let in, 378 Nor although preponderance of, against verdict, if no rule of law Nor will declarations of witness be received for that purpose, 499 501 In equity in feigned issues, on motions, verdict against, not regarded 579, 589 Sufficient, if evidence enough to satisfy the conscience of the court, But to entitle to relief in, diligence must be shown, New trials in, not granted to allow cumulative evidence, Nor to discredit witnesses, 560 562 563 And, in some instances when at law, party might have defended, 574 Governed by different rules, 576 When conscience of court satisfied, will be refused, 579 When dissatisfied will be granted, although not against law or evi- FRAUD, As in suppressing evidence, and misleading court and jury, 57, 58 Not if fraud imputable to plaintiff, and defendant have a verdict, 524 Nor if defence fraudulent, and plaintiff have a verdict against law, 525 Challenged and set aside, and sworn as talesman, ground for new trial, 33 35, 40 Mistakes and omissions of officers summoning and impannelling, cured 32 JURY, Declarations of, after verdict, not received, But will, as to what happened before, if unknown to the party, 128 129 To which jurors may be examined, If approached by a party or his agents, Or take out papers not in evidence, unless by mistake, or immaterial, Will when received from prevailing party, 63 73 73 76 Separation of, after charged with case, its effects, Will vitiate verdict, if they abuse their liberty, 80 85 But not, if no abuse follow, Acts of, indicating turpitude, If they resort to chance, But not if each put down a sum bona fide, and agree to divide, 85 99 104 106 Evidence of misconduct of, not to be received from them, generally, 109, 111 But may in some states, 111 And will always, for the purpose of explaining and correcting verdict, But not before impannelling, if unknown to injured party, 129 273, 277 Or find for plaintiff when he ought to have been non-suited, May find upon the direction of the judge on questions of fact, The verdict in these, not disturbed, although against weight of evi- dence, 380 Damages in them their peculiar province, 410 Verdicts in, not set aside by reason of damages, unless they show pas- 442 sion, Nor for smalless of damages, unless partiality, 450 But great latitude allowed, 452 Ought to be controlled by test when afforded by nature of case, 453 Nor on account of smallness of damages, Unless jury evince passion, MALICIOUS PROSECUTION, Verdict in, not set aside for excessive damages, But will, if outrageous, Not for smallness of damages, MILITARY LANDS, an exception to rule refusing a new trial, MISCONDUCT OF JURY, 442, 445 449 450 415 442, 444 449 230 |