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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If the party or any one on his behalf directly approach a juror on the sub
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It is a general rule that all disingenuous attempts to stifle or suppress evi
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xvi CONTENTS
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Peake
62
If at any time intermediate the opening of the cause and their rendering
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It would appear to follow as a necessary inference that if the jury take
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It was formerly held that if the jury separated after being charged with
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But if the jury before agreeing have dispersed whether with or without
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If the jurors unable to agree resort to the determination of chance it will
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But the practice appears to be now generally settled both in England
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When the jury render a perverse verdict or one manifestly the result
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305
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xiv
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CHAPTER
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The King v Francis
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Hapgood
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If the jury find only part of the issue judgment cannot be entered on
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If the jury find a verdict in the alternative or in terms so imperfect and
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Mundell
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An argumentative verdict is void and will be set aside on motion and a
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the court will relieve by setting aside the verdict
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George
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Where a party or his counsel are taken by surprise whether by fraud or
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When in the progress of the trial the cause suffers injustice from the honest
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585
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But the court will not relieve the party from the consequences of mere igno
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If evidence be not objected to when offered it will be considered as waived
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Phoenix Insurance Company
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CHAPTER VII
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Barry
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Neither a direct impeachment of the veracity of the witnesses nor affida
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Intimately connected with the preceding rule is this that a new trial will
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Fowler
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CHAPTER VIII
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Lord St John v Abbott
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If the judge at the trial exclude legal testimony on the matter in issue
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Parsons
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CHAPTER IX
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With a like scrupulous attention to the rules of law that ought to govern
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Prince
274
Page
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If the judge send the case to the jury when he ought to have nonsuited
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But where an important principle is involved and the verdict is to be fol
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CHAPTER XI
362
If the verdict be against the weight of evidence especially if the justice
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Ruble
370
It is a general rule that where in weighing the testimony on a motion
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But the verdict will not be set aside as against evidence where there
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A rule closely allied to the preceding is that a new trial will not be granted
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In disposing of motions to set aside verdicts and grant new trials on
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of the judge will not be set aside and a new trial granted
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CHAPTER XII
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But even in personal torts where the jury find outrageous damages clearly
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347
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But in actions where by reason of the agreement of the parties or from
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CHAPTER XIII
462
The People v The Columbia Com
467
The party applying on the ground of newly discovered evidence must make
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On motions for new trials on newly discovered evidence it is a well settled
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If the case be frivolous in itself and attended with unimportant results
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fied at the former trial a new trial will not be granted
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Chase
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CHAPTER XIV
502
MKnight
511
In misdemeanors the court has the acknowledged right to grant new trials
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The People v Olcott
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In hard actions a new trial will not be granted especially if the verdict
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The same rule extends to cases in their nature penal whether the forms
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CHAPTER XV
538
After two verdicts whether concurring or contradictory a new trial will
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CHAPTER XVI
557
Evans
563
Podger
568
Shaaffer
573
But when the plaintiff in equity makes a clear case of fraud and surprise
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381
581
Ringrose v Todd
583
If the verdict on the feigned issue be decidedly unsatisfactory to
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CONCLUSION
598
Other terms superadded to costs on the merits
605
Deyo
608
398
614
Mattison qui tam v Allanson
615
Maupin Whiting
624

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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.

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