A Treatise on New Trial and Appellate Practice: Presenting and Illustrating the Laws and Rules of Practice in Proceedings Subsequent to Decisions by Trial Courts, Including Final Disposition in Appellate Court, with Special Reference to the Codes and Statutes of California, Idaho, Montana, North Dakota, Oregon, South Dakota, Utah, Washington, Wyoming, and the Territories of Arizona, and New Mexico ...

Thomas Carl Spelling

Bancroft-Whitney, 1903

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SUBSTANTIVE ELEMENTS OF THE PROCEEDING	1

New trial an independent proceeding	14

JURISDICTION	32

CHAPTER	36

With reference to the time and place of holding courts	38

With reference to the disqualification of judges	39

With reference to the order of trial	40

Order of arguments	41

Extension of timeBy order of court	450

Relief on motion from failure to serve or obtain extension	451

Proposal of amendments herein of waiver of service	452

Bringing on settlementNotice of time and place of settle ment	453

Proceedings before judge or referee at settlementAppearance and nonappearance of parties	454

Proceedings before judge or referee at settlementWaiver of neglect	455

Proceedings before judge or referee at settlementObjections excuses and explanationsHow made to appear	456

457 Mandate to compel settlement	457

Irregularities in administering oaths and omitting oaths	42

Irregularity in judge absenting himself during trial	43

Irregularity in complying with request of jury for further	44

IRREGULARITY IN THE PROCEEDINGS OF THE COURT JURY	45

CHAPTER 23	46

WAS PREVENTED FROM HAVING A FAIR TRIAL	56

structions or irregularly advising jury 45 Irregularity in failing to send out all or part of instructions or other papers with jury 46 Misconduct of judg...	58

Misconduct of others than court and parties	61

As to duty of party to object or call irregularity to the atten	62

Suppressing and concealing evidence	97

Knowingly introducing false testimony	98

Misleading party to his prejudice	99

tion of the court	100

Counsel must except to improper conduct	102

How far considered	103

CHAPTER 5	104

Statutory provisions	105

What amounts to expression of opinion as to merits 75 Substitution of juror not summoned	134

Insanity or severe illness of juror during trial	135

Exhaustion of juror 78 With reference to verdicts	136

Irregularity without prejudice	137

CHAPTER 6	139

Unfair conduct to gain advantage in selecting jury	147

Undue intimacy between party and juror	150

Treating jurors	152

Entertaining and extending hospitality to jurors	153

Conversation about case between party and juror	154

Conversation between counsel and juror	156

Trading and dealing with jurors during trial	157

88 Conduct calculated to influence jurors	158

Parties in pari delicto 90 Consisting in improper deportment of counsel in court Argument	160

Comment upon failure of defendant in a criminal case to testify	165

Stating factsAdding to evidence	167

Unwarrantably announcing to court that attempt being made to bribe jury 94 Improper conduct in examining and crossexamining witnesses	169

Interested officer in charge of jury	171

Amendment usually permitted upon sustaining demurrer Proper practice 107 108 Large discretion conceded to trial court but not unlimited Same C...	177

CHAPTER 8	208

Tampering with and keeping from the trial adversarys wit nesses	218

SameWhere no terms of court	227

Miscellaneous reasons for postponement	228

Admission by opposite party to avoid continuance	230

Party need not submit to test of good faith	235

Continuance of special proceedingElection contest	236

Imposing conditions upon granting	238

CHAPTER 9	240

Oral communications from outside sourcesFrom parties and counsel From others than 165 Oral communications from outside sources partiesWhen h...	241

Oral statements by jurors to fellowjurorsGeneral view	288

SameIllustrations	289

Same Proper scope of discussion between jurors not invaded 171 SamePrejudicial effectPresumption	292

Duty of injured party hereinRemoval of prejudicial effect by instruction 173 Reading public prints	293

Disclosing secrets of juryroom	295

CHAPTER 10	307

CHAPTER 11	340

Fatal variance not aided by findings	345

Grounds for must be specified	346

Specifications required where nonsuit on opening statement	347

Degree of particularity required in specifying	348

Where rule as to specification of grounds does not apply	349

How plaintiffs evidence considered on motion	350

Sufficient if material as to amount of recovery	373

It must appear that new evidence is competent 225 Rule that newly discovered evidence does not warrant a new trial if merely cumulativeLittle or no...	374

Must not be merely effective to impeach witnesses	383

No objection to corroborative evidence as such 229 Affidavits of party and counsel	385

Affidavits of witnesses	387

CHAPTER 12	389

CHAPTER 13	397

General view of subjectStatutory provisionsSimilarity	423

What must appear by statement or bill for purposes	432

Proper place for specificationMust form part of statement or bill of exceptions	440

Effect of inserting notice in statement or bill	441

442 Authentication	442

Duty of court to settleNot merely to sign	443

Proposal of skeleton statement permissible	444

CHAPTER 14	445

Extensive powers of trial courts over engrossment and amend ment	446

Engrossment	447

Service	448

Extension of timeBy stipulation	449

Proving exceptions before supreme court	458

Effect of statutory changes	459

Incorporation of affidavits and exhibits in bills of exceptions	460

Connected use of affidavits statements bills of exceptions and other files and records	461

462 Jurisdiction of supreme court conferred and limited by	462

468 Heads of appellate jurisdictionCases of equitable cognizance	468

CHAPTER 15	469

Same subjectWith reference to change of condition by lapse of time 285 Same subjectWith reference to questions impeaching partys own witness 2...	470

Heads of appellate jurisdictionSpecial cases	477

Right of persons not original parties but affected by orders	508

Granting refusing to grant revoking or refusing to revoke	514

ExceptionsForm of and when to be taken	530

Waiver and cure of error herein	531

CHAPTER 16	532

The court must not give contradictory or inconsistent instruc tions 325 Construction of instructions 326 Exemptions and harmless invasions 327 Th...	533

318 The court must not charge as to any presumptions of fact	565

Statutory changes	567

Effect of changingConsequences of failure of sureties to un dertaking to justify	568

569 Of the notice of justificationPower of court to shorten time	569

Of the proceeding to justify	570

With new sureties new undertaking necessary	571

Waiver of justification	572

No justification by surety company required	573

Stay pending proceeding to justify	574

Power of superior court with respect to undertakings in jus tices courts	575

576 Statutory provisions and their effect	576

The judgmentroll and other papers	577

Notice of appeal as part of recordProof of service	578

Statutory changes	579

General and special verdicts distinguished	580

Inconsistency between general and special verdict	581

Verdicts in equity cases	582

Correction of verdict by the court	583

Verdict must be within the issues	584

Uncertain informal and defective verdictsAmendment	585

Waiver	586

329 The court may direct a verdict in certain cases	588

No review without exception taken	590

Cure and waiver of error and question of whether harmless or prejudicial	596

CHAPTER 17	597

Test of materiality of variance Statutory provisions	607

Variance by proof showing absence of interest in plaintiff	608

Variance in actions ex contractu	609

Variance by proof contradicting negative allegations	610

Variance resulting from nonjoinder	611

Important function of bills of exceptions as part of the record	612

Methods of preparation and usesRelation to statement on appeal Statutory changes	613

Method of settling bills at the trial	614

Further as to bills settled at the trial	615

Further as to bills settled after the trialPreparation and uses	616

Either the one or the other method must be pursued	617

Bills of exceptions permissible on decisions of questions	618

Specifications	619

Method of taking and preserving exceptions 021 Bills of exceptions as part of judgmentroll CHAPTER 37	620

INTERMEDIATE ORDERS AND SPECIAL ORDERS MADE AFTER FINAL JUDGMENT	621

General view of subject	622

Statutory changes	623

Further as to bills of exceptions on appeal from orders	624

DIVISION 2	625

Time and manner of settling the bill under rule 29	626

The statutory designation of essential record on appeal	627

When additional bill of exceptions necessary	628

Statement and bill of exceptions compared	629

Extent to which statement on motion for new trial may be used on appeal from judgment	630

Identification of affidavits where motion for new trial made	631

SameShould contain address 372 Service and filing of noticeHerein of improper joinder	669

Objection to sufficiency of noticeHow and where to be made	674

Restriction of motion to particular issues	675

Waiver of notice of intention or of the motionWaiver of defects	678

Amendment of notice	679

CHAPTER 19	684

Conditional ordersPower of court to make 405 Conditional ordersEffect of performance and nonperformance of conditions 406 Rules of evidence g...	685

and heard on the minutes	716

Court cannot substitute its opinion for verdict of jury	733

Effect of adjournment of term upon power of court to decide motion	734

CHAPTER 20	768

CHAPTER 21	778

Други издания - Преглед на всички

A Treatise on New Trial and Appellate Practice: Presenting and ..., Том 1
Thomas Carl Spelling
Пълен достъп - 1903

A Treatise on New Trial and Appellate Practice: Presenting and Illustrating ...
Thomas Carl Spelling
Няма достъп - 2015

Често срещани думи и фрази

18 Wash 21 Wash 26 Mont abuse of discretion affidavit alleged allowed answer appeal appellate court application Ariz Bank Brown California cause of action challenge City Civil Procedure Code of Civil Colo common law complaint conduct constitute counsel County criminal Davis decision defendant defendant's demurrer diligence disqualification effect entitled error Estate evidence favor figures refer filed granted Grounds for-Absence held Idaho improper Iowa irregularity Johnson Jones judge judgment jurisdiction juror jury trial justice matter ment Minn misconduct motion N. Y. Supp objection opinion plaintiff pleading prejudice proceeding proper prosecuting provisions question reason refer to pages refusing reversal rule showing Smith Southern Pac statute statutory sufficient Superior Court supreme court sworn Tenn testimony Thompson tion trial by jury trial court Utah verdict voir dire waiver witness

Библиография

Заглавие	A Treatise on New Trial and Appellate Practice: Presenting and Illustrating the Laws and Rules of Practice in Proceedings Subsequent to Decisions by Trial Courts, Including Final Disposition in Appellate Court, with Special Reference to the Codes and Statutes of California, Idaho, Montana, North ... Том 1 от A Treatise on New Trial and Appellate Practice: Presenting and Illustrating the Laws and Rules of Practice in Proceedings Subsequent to Decisions by Trial Courts, Including Final Disposition in Appellate Court, with Special Reference to the Codes and Statutes of California, Idaho, Montana, North Dakota, Oregon, South Dakota, Utah, Washington, Wyoming, and the Territories of Arizona, and New Mexico, Thomas Carl Spelling
Автор	Thomas Carl Spelling
Издател	Bancroft-Whitney, 1903
Оригиналът е от	Мичиганският университет
Цифровизирана на	10 юли 2012

Експортиране на описанието	BiBTeX EndNote RefMan

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