A Treatise on the Law of New Trials in Cases Civil and Criminal, Svazek 1

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Banks, Gould & Company, 1855
 

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And it has been held that if one of the regular panel be challenged and
32
It is a general rule to refuse a new trial for the mistakes or omissions
34
Young
35
The objection to a grand juror by reason of partiality and dislike or want
42
If the party or any one on his behalf directly approach a juror on the sub
49
Harman
55
It is a general rule that all disingenuous attempts to stifle or suppress evi
56
If at any time intermediate the opening of the cause and their rendering
63
It would appear to follow as a necessary inference that if the jury tako
73
Brown
79
It was formerly held that if the jury separated after being charged with
81
Lord St John v Abbott
85
But if the jury before agreeing have dispersed whether with or without
95
But the practice appears to be now generally settled both in England
112
When the jury render a perverse verdict or one manifestly the result
121
The King v Poole
122
CHAPTER
133
Anonymous Case
135
If the jury find only part of the issue judgment cannot be entered on
141
If the jury find a verdict in the alternative or in terms so imperfect and
150
An argumentative verdict is void and will be set aside on motion and a
156
the court will relieve by setting aside the verdict
163
Where a party or his counsel are taken by surprise whether by fraud or
169
When in the progress of the trial the cause suffers injustice from the honest
179
But the court will not relieve the party from the consequences of mere igno
186
If evidence be not objected to when offered it will be considered as waived
199
CHAPTER VII
209
The King v Bear 11 615 517 522 Thompson v Mallett
211
Neither a direct impeachment of the veracity of the witnesses nor affida
220
Parsons
224
Intimately connected with the preceding rule is this that a new trial will
229
Parke
236
CHAPTER VIII
237
CHAPTER IX
262
With a like scrupulous attention to the rules of law that ought to govern
271
Pattee
275
If the judge send the case to the jury when he ought to have nonsuited
278
If the judge give in charge to the jury questions of law or if where
289
373 451
298
In ordinary cases notwithstanding a misdirection if the court see that jus
301
When the judge interposes his opinion strongly on the facts and it is to
311
Where the judge instructs correctly on points of law a verdict will not
317
565 567
320
CHAPTER X
307
Shepherd
308
188 571
339
A rule closely allied to the preceding is that a new trial will not be granted
389
Asb v
390
Hyde
391
The King v Mawbey
396
In disposing of motions to set aside verdicts and grant new trials on
398
When the judge who tries the case expresses himself satisfied with the ver
404
Asbe
407
The King v Price
415
The King v Sutton
426
Webb
434
Seames
439
But even in personal torts where the jury find outrageous damages clearly
442
Bower
449
But in actions where by reason of the agreement of the parties or from
452
Ansel
457
The New York Fire Insurance Trumbull v Rivers
459
CHAPTER XIII
462
The People v The Columbia Com Tuttle v Cooper
466
The Union Ins Co
468
The party applying on the ground of newly discovered evidence must make
472
On motions for new trials on newly discovered evidence it is a well settled
486
CHAPTER XIV
502
The People v Denton
509
Buller or Bulwer 448
511
In misdemeanors the court has the acknowledged right to grant new trials
515
Trezevant
517
The People v Olcott 511
519
In hard actions a new trial will not be granted especially if the verdict
523
Philips qui tam v Scullard
528
The same rule extends to cases in their nature penal whether the forms
530
CHAPTER XV
538
After two verdicts whether concurring or contradictory a new trial will
547
Applications to a court of equity to set aside verdicts at law or open cases
560
The State v Bunten
562
Evaps
563
Podger
568
Shaaffer
573
But when the plaintiff iu equity makes a clear case of fraud and surprise
574
If the verdict on the feigned issue be decidedly unsatisfactory to
588
The State v Carstaphen
592
CONCLUSION
596
Other terms superadded to costs on the merits 604
605
Deyo
608
Hunt
618
The United States v Fries 129 504 515 Walker v Leighton
621
Barry
625

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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 280 - 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.
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.

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