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A Treatise on the Law of New Trials in Cases Civil and Criminal
David Graham,Thomas W. 1821-1898 Waterman
Náhled není k dispozici. - 2015
A Treatise on the Law of New Trials in Cases Civil and Criminal (Classic ...
Náhled není k dispozici. - 2018
action admitted affidavit afterwards agreed alleged amount answered appear application attend attorney avoid bill brought called cause charge circumstances clearly consent consequence considered contrary costs counsel court damages debt decided decision deed defendant defendant's delivered denied dict directed discovered discretion doubt effect entitled error evidence examined exceptions expressed fact fraud gave give given granted ground guilty held indictment injury issue Johns judge judgment jurors jury found justice Lord material matter misdirection mistake motion moved never non-suit notice objection observed obtained offered officer opinion party person plaintiff plea pleaded possession practice present principle probable produced proof proved question reason received record recover refused returned rule separation submitted sufficient surprise sworn taken term testimony thought tion torts trial tried unless venire verdict Vide whole witness writ
Strana 551 - ... 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.
Strana 214 - 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...
Strana 342 - Pleas, calling upon the plaintiff to show cause why the verdict should not be set aside...
Strana viii - 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.
Strana 19 - 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.
Strana 488 - 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.
Strana 235 - 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.
Strana 401 - ... for a rule to show cause why a new trial should not be granted...
Strana 294 - 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.