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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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
64
It would appear to follow as a necessary inference that if the jury take
74
Newell
78
Jamieson
79
It was formerly held that if the jury separated after being charged with
80
Lord St John v Abbott
84
But if the jury before agreeing have dispersed whether with or without
96
Barker
103
If the jurors unable to agree resort to the determination of chance it will
104
But the practice appears to be now generally settled both in England
111
When the jury render a perverse verdict or one manifestly the result
122
Hadley
124
CHAPTER
132
Anonymous Case
134
If the jury find only part of the issue judgment cannot be entered on
140
If the jury find a verdict in the alternative or in terms so imperfect and
149
An argumentative verdict is void and will be set aside on motion and a
157
CHAPTER VI
161
Where a party or his counsel are taken by surprise whether by fraud or
168
When in the progress of the trial the cause suffers injustice from the honest
180
But the court will not relieve the party from the consequences of mere igno
187
If evidence be not objected to when offered it will be considered as waived
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CHAPTER VII
210
Neither a direct impeachment of the veracity of the witnesses nor affida
221
Parsons
225
Intimately connected with the preceding rule is this that a new trial will
228
CHAPTER VIII
236
With a like scrupulous attention to the rules of law that ought to govern
270
If the judge send the case to the jury when he ought to have nonsuited
279
If the judge give in charge to the jury questions of law or if where
288
In ordinary cases notwithstanding a misdirection if the court see that jus
302
When the judge interposes his opinion strongly on the facts and it is to
310
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
375
But the verdict will not be set aside as against evidence where there
381
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
399
When the judge who tries the case expresses himself satisfied with the ver
405
Ruble
418
But even in personal torts where the jury find outrageous damages clearly
443
But in actions where by reason of the agreement of the parties or from
453
Purbeck
458
CHAPTER XIII
463
The party applying on the ground of newly discovered evidence must make
473
On motions for new trials on newly discovered evidence it is a well settled
487
fied at the former trial a new trial will not be granted
496
CHAPTER XIV
503
MKnight
504
In misdemeanors the court has the acknowledged right to grant new trials
514
Trezevant
516
In hard actions a new trial will not be granted especially if the verdict
524
Philips qui tam v Scullard
529
The same rule extends to cases in their nature penal whether the forms
531
CHAPTER XV
537
After two verdicts whether concurring or contradictory a new trial will
546
CHAPTER XVI
558
Pickerings Case
563
Podger
569
But when the plaintiff in equity makes a clear case of fraud and surprise
573
Richmond v Tayleur
578
Hubbell
580
If the verdict on the feigned issue be decidedly unsatisfactory to
589
CONCLUSION
597
Other terms superadded to costs on the merits
604
Mattison qui tam v Allanson
Ashley
Coleman
Brecknock

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第 550 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 281 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 215 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 343 頁 - Pleas, calling upon the plaintiff to show cause why the verdict should not be set aside...
第 20 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 489 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 402 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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