A Treatise on the Law of New Trials in Cases Civil and Criminal, 第 1 卷Banks, Gould & Company, 1855 |
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第 x 頁
... , • 4. But , however irregular it may be in the jury to carry away papers , without consent of counsel , under the direction of the court , yet if not furnished by 63 66 73 CONTENTS . the prevailing party , and wholly immaterial to.
... , • 4. But , however irregular it may be in the jury to carry away papers , without consent of counsel , under the direction of the court , yet if not furnished by 63 66 73 CONTENTS . the prevailing party , and wholly immaterial to.
第 xi 頁
... consent of parties , or from necessity , it avoided their verdict ; but the modern rule is different , . 6. Upon this point the practice in this country appears to have resolved itself into the exercise of a judicial discretion ...
... consent of parties , or from necessity , it avoided their verdict ; but the modern rule is different , . 6. Upon this point the practice in this country appears to have resolved itself into the exercise of a judicial discretion ...
第 9 頁
... consent , laws good in general are enacted , but which , because they are general , may be found unjust in particular cases ; and it is altogether impossi ble to comprehend all that indefinite variety of circumstances and conditions ...
... consent , laws good in general are enacted , but which , because they are general , may be found unjust in particular cases ; and it is altogether impossi ble to comprehend all that indefinite variety of circumstances and conditions ...
第 42 頁
... consent , that , after an indictment found , the party charged may urge an objection of this kind , in avoidance of the indictment . The books are silent on the subject of such exception , after indictment found ; and , in the absence ...
... consent , that , after an indictment found , the party charged may urge an objection of this kind , in avoidance of the indictment . The books are silent on the subject of such exception , after indictment found ; and , in the absence ...
第 49 頁
... consent of the other side , although it fully appeared that the rejected parts had not been read to the jury . But if the evidence be altogether irrelevant and imma- terial to the issue , and the deposition is taken out by the jury by ...
... consent of the other side , although it fully appeared that the rejected parts had not been read to the jury . But if the evidence be altogether irrelevant and imma- terial to the issue , and the deposition is taken out by the jury by ...
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常見字詞
action admitted afterwards agreed alleged appear application assumpsit attorney bill charged the jury circumstances consent costs court courts of equity Cowen Curiam damages debt declared deed defendant moved defendant's delivered the opinion dence denied dict discretion entitled equity error fact fendant found a verdict fraud given granting new trials ground guilty held impeach indictment injury injustice Jackson Johns judgment jury found jurymen learned judge Lord Lord Ellenborough Lord Mansfield Lord Tenterden ment misdirection mistake motion to set moved to set Nisi Prius non est factum non-suit novo objection party payment perjury plaintiff in error plea principle probable cause promissory note proved qui tam reason received recover refused rejected rule nisi rule to show show cause statute submitted sufficient surprise sworn taken tiff tion torts trespass trial by jury trial granted trial was granted usury venire facias Vide Wendell writ of inquiry
熱門章節
第 551 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 342 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 488 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 235 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 401 頁 - ... for a rule to show cause why a new trial should not be granted...
第 294 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.