An Essay on New Trials

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Halsted & Voorhies, 1834 - 636 страници
 

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But if the juror be qualified in other respects the verdict
24
A variance in the name of one of the jurors and that whether
27
And it has been held that if one of the regular panel
33
The People v Ransom 38 504 513
38
The objection to a grand juror by reason of partiality
40
If the party or any one on his behalf directly approach
48
If indirect measures are resorled to to prejudice the jury
54
FOR MISCONDUCT OF THE JURY
61
Bennett
64
It would appear to follow as a necessary inference that
73
It was formerly held that if the jury separated after being
80
De Tastet 609
85
Cottons Case 31
89
But if the jury before agreeing have dispersed whether
95
The State 120
99
The People v Douglass
101
If the jurors unable to agree resort to the determination
104
Tucker 106 112
106
But the practice appears to be now generally settled both
111
The People v Holmes 205
113
Cockey
115
Clifton 550
118
When the jury render a perverse verdict or one manifestly
121
Arkell 252
124
Daniel 464
129
CHAPTER V
132
If the jury find only part of the issue judgment cannot
140
If the jury find a verdict in the alternative or in terms
150
Cannon
154
An argumentative verdict is void and will be set aside
157
Mitchell 490 493
158
Warford
173
But to entitle the party to relief there must be merits
174
Dod 298
175
Howard 362
179
When in the progress of the trial the cause suffers injustice
180
But the court will not relieve the party from the consequences
187
Williamson
191
Phillips 334
198
If evidence be not objected to when offered it will be con
199
Dickenson
201
CHAPTER VII
209
Lybrand 394
210
Kellogg 242 384
216
De Fonclear v Shottenkirk 392
217
Neither a direct impeachment of the veracity of the wit
221
Miles 222
222
Jackson Rowland
227
Intimately connected with the preceding rule is this that
228
Grey 440
230
Flock 154
235
CHAPTER VIII
236
Parker 369
239
If the judge at the trial exclude legal testimony on
252
Allen p Craig 425
259
CHAPTER IX
261
With a like scrupulous attention to the rules of law that
271
If the judge send the case to the jury when he ought to have
278
Barker
283
Leggett
286
De Lima v Glassell 479 566
287
If the judge give in charge to the jury questions of law or
288
Bower 347 449
296
In ordinary cases notwithstanding a misdirection if
301
Magill
305
When the judge interposes his opinion strongly on the facts
310
Where the judge instructs correctly on points of law a ver
317
Emerson
321
If the verdict be against the weight of evidence especially
368
Armstrong 156
370
It is a general rule that where in weighing the testimony
374
But the verdict will not be set aside as against evidence
380
Hadlcy 36
381
Brook p Wood
384
A rule closely allied to the preceding 13 that a new trial
388
Anonymous Case
389
Sprat 28
391
Broome p Rice 152
392
In disposing of motions to set aside verdicts and grant
398
Spencer
400
Anonymous Case
402
When the judge who tries the case expresses himself satis
405
Van Alstync
406
will not interfere
410
Chambers p Robinson 444 540
414
Le Fleming v Simpson
417
Ruble
419
Strong 566
421
Chambers p Vaughan
425
Comstock 586
428
Kightly
430
Chem p Brigg 413
431
Hunt 207
441
But even in personal torts where the jury find outrageous
442
Brand
443
Ash 121
445
Ashe 575
454
CHAPTER XIII
462
The party applying on the ground of newly discovered evi
473
Commonwealth p Eberle 379
474
On motions for new trials on newly discovered evidence
485
The People v The Superior
488
Hastie
494
Closely allied to the preceding rule is another that if
496
Lessee of Cain v Henderson
499
IN HARD ACTIONS
503
The People v Comstoek 506
506
The People v Grays
513
In misdemeanors the court has the acknowledged right
515
The People v Olcott 511
519
In hard actions a new trial will not be granted especially
523
The same rule extends to cases in their nature penal whe
531
Hampson
534
CHAPTER XV
537
Reaves
542
After two verdicts whether concurring or contradictory
547
CHAPTER XVI
557
Wright 277
568
Rogers 544
571
But when the plaintiff in equity makes a clear case of fraud
573
Earl of Darlington v Bowes
576
Kirke
578
The object of issues directed out of chancery being to
579
Carrington 422
581
If the verdict on the feigned issue be decidedly unsatisfac
589
Earl of Peterborough v Sadler 459
590
407
594
CONCLUSION
597
Delaval HI 112
600
Thompson 94
603
Costs for irregularity c ibid
604
Maxwell 202
607
Salisbury 395
610
180
611
East India Company 169
614

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Страница 272 - 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.
Страница 353 - Pleas, calling upon the plaintiff to show cause why the verdict should not be set aside...
Страница 157 - ... for a rule to show cause why a new trial should not be granted...
Страница 383 - The jury, under the direction of the judge, found a verdict for the plaintiff for the amount of the second instalment and interest.
Страница 185 - ... subject to the opinion of the court upon a case to be made, with liberty to either party to turn the same into a bill of exceptions, and subject to adjustment at the custom-house as to the amount.
Страница 9 - 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.
Страница 564 - ... 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.
Страница 501 - 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.
Страница 225 - 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.

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