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A Treatise on the Law of New Trials in Cases Civil and Criminal
David Graham,Thomas W. 1821-1898 Waterman
No preview available - 2015
A Treatise on the Law of New Trials in Cases Civil and Criminal (Classic ...
No preview available - 2018
action Admitting illegal testimony affidavits of jurors afterwards agreed alleged appear application assumpsit attorney avoid the verdict bill charged the jury circumstances consent Cowen Curiam damages debt declared deed defendant moved delivered the opinion dence dict discretion empanneled entitled error evidence fact favor fendant found a verdict fraud given Gorgerat guilty held impeach indictment injury injustice issue Jackson judgment jury found juryman justice learned judge Lord Ellenborough Lord Mansfield Lord Tenterden material witness ment misdirection mistake motion to set moved to set Nisi Prius non-suit objection papers perjury person plaintiff in error plaintiff's counsel plea practice principle probable cause produced promissory note proof proved questions of law reason received recover refused rejected rule nisi sealed verdict separation show cause statute submitted sufficient sworn taken tiff tion torts trespass trial by jury trial granted trial was granted venire facias Vide Wendell writ of attaint
Page 570 - ... 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.
Page 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...
Page 361 - Pleas, calling upon the plaintiff to show cause why the verdict should not be set aside...
Page 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.
Page 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.
Page 507 - 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.
Page 234 - 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.
Page 421 - ... for a rule to show cause why a new trial should not be granted...
Page 293 - 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.