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 ix 頁
... held fatal , and a new trial ordered , 27 4. And it has been held , that if one of the regular panel be challenged and set aside , and afterwards be sworn upon the jury as a talesman , especially if the party were ignorant of the fact ...
... held fatal , and a new trial ordered , 27 4. And it has been held , that if one of the regular panel be challenged and set aside , and afterwards be sworn upon the jury as a talesman , especially if the party were ignorant of the fact ...
第 xi 頁
... held , that if the jury separated , after being charged with the case , and before they rendered their verdict , except by permission of the court and consent of parties , or from necessity , it avoided their verdict ; but the modern ...
... held , that if the jury separated , after being charged with the case , and before they rendered their verdict , except by permission of the court and consent of parties , or from necessity , it avoided their verdict ; but the modern ...
第 xii 頁
... held grounds for granting or refusing a new trial , according to the circumstances of the case , • 3. Neither a direct impeachment of the veracity of the witnesses , nor affida- vits of perjury , nor even an indictment for conspiracy or ...
... held grounds for granting or refusing a new trial , according to the circumstances of the case , • 3. Neither a direct impeachment of the veracity of the witnesses , nor affida- vits of perjury , nor even an indictment for conspiracy or ...
第 xiii 頁
... held to be erroneous in a judge to instruct a jury , that they may indulge a presumption not warranted by the evidence dis- closed , 3. The omission of the judge to charge the jury on questions of law , though not of itself a reason for ...
... held to be erroneous in a judge to instruct a jury , that they may indulge a presumption not warranted by the evidence dis- closed , 3. The omission of the judge to charge the jury on questions of law , though not of itself a reason for ...
第 xvi 頁
... held , as a principle of almost universal application , that a verdict for the defendant will not be disturbed , 3. In hard actions , a new trial will not be granted , especially if the verdict be for the defendant , although against ...
... held , as a principle of almost universal application , that a verdict for the defendant will not be disturbed , 3. In hard actions , a new trial will not be granted , especially if the verdict be for the defendant , although against ...
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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.