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CHAPTER III.

OF MOTIONS AND PROCEEDINGS FOR NEW TRIALS, 30 to 94.

1. New trial defined .......

2. Origin and utility of new trials ......

3. On ground of the judge's admission of inadmissible witness or evidence ....

4. Misdirection of a judge ...............

Omission of a judge to direct jury .....

...... ........

New trial granted, although verdict according to judge's directions......

When granted on account of judge not submitting the evidence to the jury

Omission of judge of direction as to malice......

When affidavit of juror inadmissible ...

What is or not a misdirection.....

Judge's omission to direct when considered a misdirection

5. Improper rejection of a witness or evidence .....

6. Fault of jury.....

1. Verdict against weight of evidence

............

2. Verdict against law ..............

3. Tossing up or mistake of jury

4. False or mistaken testimony .......

5. Nonconcurrence of one juror ............

7. When new vrial not granted in general ..........

Absence of evidence known at time of trial ..

Informality ..............

New trial at instance of defendant, whose counsel omitted to call evidence

Mistake of a witness .....

Absence of a witness .

Absence of material documents ...

Absence of evidence sent for, but not arrived in time ......

Not on account of neylect to give evidence in bis power.

Witness absent by contrivance of opponent

New trial refused, if verdict proper on the whole eridence adduced ....

New trial not granted on affidavit of facts, that might have been proved

at trial ....

8. Discovery of new evidence .....

............................

New trial granted on account of mistake on payment of costs ...

9. When a new trial granted on ground of a trick, or surprise, or neglect ...

10. Conviction for perjury of witnesses

New trial refused on account of a Jew witness having sworn as a Christian

Precipitate verdict ....

....

11. Excessive daniages ......

12. On ground of irregularity and other objections ...

1. Want of due notice of trial..

2. Variance between issue and nisi prius record

3. Want of proper issue .....

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CHAP. III.—On Motions and Proceedings for New Trials—(continued.) Page

4. Want of proper jury ....

5. Improper influeuce on, or conduct towards jury

6. Relationship of juror ....

7. When administering food to jury unobjectionable.

8. Mistake of stamp ............................

9. Absence or neglect of attorney or counsel ..........

10. New trial refused on account of errors of counsel ..

13. When or not a new trial is granted in particular actions

1. In pedal actions ......

2. In hard or trifling actions or verdict under 201. .......

3. After verdict for plaintiff where defence unconscionable

74

4. After plea in abatement .....

75

5. In ejectment ............

........... ......

6. Where cause tried before sheriff .....

14. In other cases ...

Of granting a new trial, in order to re-state a case defectively stated

After two concurring or contrary verdicts

After motion in arrest of judgment .....

After bill of exceptions ......

After writ of error

New trial where several defendants

78

On the whole or part of the record....

In criminal cases ...

After acquittal ........

After conviction ..

When granted on terms .....

After death of plaintiff

..............

New trial as to single point..............

15. Practical proceedings to obtain a new trial

In what Court motion for, to be made .........................

Time within which motion to be made

Affidavits on moving for ........

Rule for, how obtained where judge at trial certified for immediate execu-

tion ....................

Consequence of a judge being satisfied or dissatisfied with the verdict....

Sheriff's notes

Costs .........................

Of costs in particular cases ..

Setting down rule in new trial paper ...

Showing cause ........

Amendments ....

The new trial

The jurors must be entirely fresh, and not one of the former jurors

$ ......

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