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" ... unless in the opinion of the court to which the application is made some substantial wrong or miscarriage has been thereby occasioned in the trial... "
The New System of Practice and Pleading Under the Supreme Court of ... - Page 642
by Sir William Thomas Charley - 1877 - 1149 pages
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Parliamentary Papers, Volume 5

Great Britain. Parliament. House of Commons - Great Britain - 1873 - 604 pages
...ground of misdirection or of the Restrictions on improper admission or rejection of evidence, unless in the opinion of the Court to which the application...or miscarriage affects part only of the matter in con15 troversy, the Court may give final judgment art to part thereof, and direct a new trial as to...
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The Law and Practice of the Supreme Court of Judicature, Comprising the ...

Wynne E. Baxter - Civil procedure - 1874 - 452 pages
...ground on new trials Q^ misdirection or of the improper admission or rejection of evidence, unless in the opinion of the Court to which the application...Court may give final judgment as to part thereof, and Abolition of direct a new trial as to the other part only, btiu of 49. Bills of exceptions and proceedings...
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Mr. Serjeant Stephen's New Commentaries on the Laws of England: (Partly ...

Henry John Stephen - Law - 1874 - 726 pages
...granted on the ground of misdirection or of the improper admission or rejection of evidence, unless in the opinion of the court to which the application...miscarriage affects part only of the matter in controversy, such court may give final judgment as to part thereof and direct a new trial as to the other part only...
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The Student's Guide to the Supreme Court of Judicature Acts, 1873 & 1875 ...

John Indermaur - Civil procedure - 1875 - 152 pages
...granted on the ground of misdirection or the improper admission or rejection of evidence, unless in the opinion of the Court to which the application...substantial wrong or miscarriage has been thereby occasioned to the trial of the action ; a new trial may be granted as to part of an action without interfering...
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The Proceedings in an Action in the Queen's Bench, Common Pleas, and ...

Samuel Prentice - Civil procedure - 1877 - 358 pages
...be granted. By 0. 39, r. 3, a new trial shall not be granted on either of these grounds, unless in the opinion of the court to which the application...occasioned in the trial of the action ; and if it ap- CH. XXIII. pear to such court that such wrong or miscarriage affects part only of the matter in...
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The Judicature Acts, 1873 and 1875: Containing the Statutes, Rules of Court ...

John Mounteney Lely, William Decimus Inglett Foulkes - Court rules - 1877 - 700 pages
...ground Restrictions of misdirection or of the improper admission or rejection of evidence, unless in the opinion of the court to which the application is made some substantial wrong or • Substituted, together with Rulcl, tor the former Rule 1, by RSC, Dec. 1876, Rules S, G, p. 648....
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Reports of All the Cases Decided by All the Superior Courts Relating to ...

Great Britain. Magistrates' cases - Justices of the peace - 1878 - 620 pages
...granted on the ground of misdirection, or of the improper admission or rejection of evidence, unless, in the opinion of the court to which the application...part only of the matter in controversy, the court may givo final judgment as to part thereof, and direct a new trial as to the other part only." H. Matthews,...
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A Complete Practice of the County Courts: Including that in ..., Part 1

George Pitt-Lewis - Admiralty - 1880 - 1064 pages
...on the " ground of misdirection, or of the improper admission or re" jection of evidence, unless in the opinion of the Court, to " which the application...appear to such Court that such wrong or " miscarriage aifects part only of the matter in controversy, the " Court may give final judgment as to part thereof,...
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A Manual of the Practice of the Supreme Court of Judicature in the Queen's ...

John Indermaur - Civil procedure - 1881 - 304 pages
...numbered one and two, viz., misdirection, or wrongful admission or rejection of evidence, unless in the opinion of the Court to which the application...substantial wrong or miscarriage has been thereby occasioned to the trial of the action, and if it appears to the Court that such wrong or miscarriage affects part...
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Précis of an Action at Common Law: Showing at a Glance the Procedure Under ...

Herbert E. Boyle - Procedure (Law) - 1881 - 158 pages
...substantial wrong or miscarriage has been thereby occasioned (Ord. '69, r. 3). If it appear to the Court that such wrong or miscarriage affects part only of the matter in controversy, the Court may — (1) Give final judgment as to part, and (2) Direct a new trial as to the other part only (Ord....
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