opinion that the verdict is against the evidence in the cause, it may, at its discretion, grant a new trial.* *New trial for mispleading not granted, when. Corsa and Bull v. Nichols, 1 Root, 313. New trial for newly discovered evidence, in petition for, witnesses must be named. Noyce. Huntington, Kirby, 282; Hillyard v. Seamons, 1 Root, 89. Granted for, when. Gallup v. Fish, 2 Root, 452; Waller v. Graves, 20 C. R. 305. Not granted for, when. Lester v. State, 11 C. R. 415. Former witness regarded as new witness, when. Foster v. Hough, 1 Root, 173; Ainsworth v. Sessions, 1 Root, 175. Other reasonable causes for, what: Remarks of judge on returning jury to reconsideration, when. West v. Anderson, 9 C. R. 107. Misdirection of jury. Noyes v. Stillman, 24 C. R. 15. When not. Russell v. Bradley, 4 Day, 403. Charge not sufficiently explicit ground for, when. Tucker v. Bradley, 15 C. R. 46. When charge is calculated to mislead. Hoyt v. Sturges, 28 C. R. 588. Prejudice, undue sympathy, or corruption, ground for, when. Waters v. Bristol, 26 C. R. 898. Improper admission of a record. Smith v. Chapin, 31 C. R. 530. What are not reasonable causes for: Mistaken exercise of discretion by court. Comstock v. Hadlyme, 8 C. R. 254; Scott v. Hull, same, 296; Remarks of judge on weight of evidence. Swift v. Stevens, 8 C. R. 481; When no injustice has been done. Alsop v. Magill, 4 Day, 42; Rogers v. Hillhouse, 3 C. R. 398; Fitch v. Chapman, 10 C. R. 8; Brush v. Scribner, 11 C. R. 388; Stone v. Stevens, 12 C. R. 219; Jones v. Gilbert, 18 C. R. 507; Burnham v. Hotchkiss, 15 C. R. 311. Branch v. Doane, 17 C. R. 402; Parker v. Griswold, same, 288; Kelsey v. Hamner, 18 C. R. 311; Dulles v. DeForest, 19 C. R. 190; Hoag v. Hatch, 23 C. R. 585; Masters v. Town of Warren, 28 C. R. 293; Brown v. Roach, 24 C. R. 78. Point not made on trial, Alsop v. Swathel, 7 C. R. 500; Russell v. Stocking, 8 C. R. 236; Davidson v. Bridgeport, 8 C. R. 472; Flint v. Clark, 13 C. R. 361; Beers v. St. John, 16 C. R. 322; Error apparent on record. Pearl v. Rawdin, 5 Day, 244; Minor v. Mead, 3 C. R. 289: Beers v. Broome, 4 C. R. 247; Canterbury v. Bennett, 22 C. R. 623; Evidence not objected to on trial. Flint v. Clark, 18 C. R. 361; Nichols v. Turney, 15 C. R. 101; New Haven County Bank v. Mitchell, 15 C. R. 206; Error in charge occasioned by party's own suggestion. Tucker v. Baldwin, 18 C. R. 186; Where instructions prayed for are not wholly correct. Marlborough v. Sisson, 23 C. R. 44. Admission of improper evidence no ground for, when. Crosby v. Fitch, 12 C. R. 410; Cowles v. Coe, 21 C. R. 220; Rejection of deposition no ground for, when. Masters v. Warren, 27 C. R. 293: Disallowance of plea no ground for, when. Bates v. Coe, 10 C. R. 280. Excessive damages no ground for, when. Ives v. Bartholomew, 9 C. R. 809; Clark v. Whitaker, 19 C. R. 319; Clark v. Pendleton, 20 C. R. 495; Nicholson v. N. Y. & N. H. Railroad Co., 22 C. R. 74; Waters v. Bristol, 26 C. R. 398. Wrong form of action no ground for, when. Russell v. Stocking, 8 C. R. 286; Mistake of law or evidence by jury no ground, when. Witter v. Brewster, Kirby, 422. Omission or misdirection in charge no ground, when. Davenport v. Russell, 5 Day, 145; Hoyt v. Dimon, 5 Day, 479; Barber v. Brace, 3 C. R. 9; Williams v. Cheesebrough, 4 C. R. 356; Torry v. Holmes, 10 C. R. 499, Nichols v. Alsop, 10 C. R. 263; Johnson v. Blackman, 11 C. R. 342; Selleck v. Sugar Hollow Turnpike Co., 13 C. R. 453; Newell v. Roberts, 13 C. R. 63; Holly v. Brown, 14 C. R. 255; Churchill v. Rosebeck, 15 C. R. 359; Smith v. Carr, 16 C. R. 450; Redding Manufacturing Co. v. Bartram, 31 C. R. 144. Refusal to charge jury no ground when. Gray v. Finch, 23 C. R. 496. Verdict against evidence ground for new trial, when. Bartholomew v. Clark, 1 C. R. 472; Eagle Bank v. Smith, 5 C. R. 71; Pitkin v. Brainerd, 5 C. R. 451; Johnson . Scribner, 6 C. R. 185; Nichols v. Alsop, 6 C. R. 477; Newell v. Wright, 8 C. R. 319; Kinne v. Kinne, 9 C. R. 102; State v. Lyon, 12 C. R. 487; Witter v. Latham, 12 C. R. 392; Wilcox v. Roath, 12 C. R. 550; Yale v. Yale, 18 C. R. 185; Derwort v. Loomer, 21 C. R. 245: Potter v. Payne, 21 C. R. 861; Hewitt v. Wheeler, 23 C. R. 284; Beecher v. Derby Bridge Co., 24 Č. R. 132; Reboul v. Chalker, 27 C. R. 114; Beers v. Woodruff & Beach, 30 C. R. 308. When not. Palmer v. Hyde, 4 C. R. 426; Talcott v. Wilcox, 9 C. R. 134; Laflin v. Pomeroy, 11 C. R. 440; Bacon v. Parker, 12 C. R. 212; Bulkley v. Waterman, 13 C. R. 328; Johnson v. Hebard, 18 C. R. 337; Jackson v. Packer, 13 C. R. 342; Wooster v. Butler, 18 C. R. 809; Bishop v. Perkins, 19 C. R. 300; Babcock v. Porter, 20 C. R. 570; Hill v. Bennett, 28 C. R. 868; Beebe v. Hartford Co. Mutual Ins. Co., 25 C. R. 51; Douglass v. Chapin, 26 C. R. 77; Housatonic R. R. Co. v. Knowles, 30 C. R. 313; Buddington v. Knowles, 30 C. R. 26. When damages are nominal. Gold v. Ives, 29 C. R. 119. Not necessary for court to certify opinion that verdict is against evidence. Reboulv. Chalker, 27 C. R. 114. Other decisions regarding new trials: May be granted conditionally. Baldwin e. Porter, 12 C. R. 473. Cannot be granted as to part of case. Hannibal v. Spalding, 1 Root, 86. Cannot be had before justice of the peace. Page v. Camp, Kirby, 7. Petition for must be brought in county where trial was had. Adams v. Kellogg, 1 Root, 255. Motion for, must contain sufficient statement of evidence to show the point decided. Toby v. Read, 9 C. R. 216; Hopson v. Doolittle, 13 C. R. 236. New trial granted for error in admitting or rejecting evidence, or in charge to jury. Tolland v. Wallingford, 26 C. R. 578. want of notice. SECT. 200. When it appears that the defendant had not actual New trial for notice of the suit, or a reasonable opportunity to and make appear his defense, the court may, on petition, grant him a new trial, if it finds he had just ground of defense. state and want of SECT. 201. When a judgment shall be rendered by a justice of New trial for abthe peace against a defendant who is absent from the state till after sence from the the time of trial, and has no notice of the suit, he may apply to the notice. superior court in the county where the judgment is rendered, for a new trial, which court may grant the same, and proceed to final judgment therein, if the defendant shall make it appear that the judgment was wrongfully obtained against him, and that he had good ground of defense, which application shall be made within six months after his return into this state, and within three years from the rendition of the judgment. a co-defendant SECT. 202. Any of the defendants, not an inhabitant of this New trial where state, on whom the process was not served in an action on joint con- has no notice. tract, and who may be aggrieved by the judgment rendered therein, may prefer a petition to the court which rendered such judgment for a new trial, which the court may grant, if it finds that the defendant had a good defense to such action. 1830. Motion for new trial. filed. SECT. 203. Upon the trial of all matters of fact, in the superior court, whether the issue be closed to the court or jury, if either party shall think himself aggrieved by the decision of the court, upon any question or questions of law arising in the trial of such issue, he may,.at the same term, and within forty-eight hours after When to be verdict rendered, or issue found except as hereinafter provided, make a motion for a new trial, stating therein the question or questions of law decided by the court as aforesaid; and the court trying said issue shall, in all cases, grant a rule to show cause, and reserve said motion and rule for the advice of the supreme court of errors Affidavit. next to be holden in the same county; but the party filing said motion, or his attorney, shall make oath that the same is not intended for delay; and execution may be stayed, at the discretion of the court.* must be com. SECT. 204. Every motion for a new trial shall be completed, and When motion a rule to show cause granted by the judge trying the cause, during pleted. the term at which said motion is filed, and before the adjournment of the court. court of errors. SECT. 205. If any motion for a new trial, which shall come to a Motion may be hearing in the supreme court of errors, shall not present the question corrected by or questions of law that were decided by the court upon the trial of the issue below, the party aggrieved thereby may apply to said supreme court to rectify the same; and if upon inquiry had it shall appear to said supreme court that said motion does not present said question or questions, said court shall correct the same, and said corrected motion shall be proceeded with in all respects as if allowed and reserved by the court below. 1852. Bill of excep SECT. 206. Whenever a party shall file his motion in the superior court for a new trial, and such motion shall be allowed, the adverse tions by adverse party may at any time within five days thereafter, and before the Par Supreme Court will be confined to question made in court below. Tryon v. Ely, 24 When court of equity will grant new trial in action at law. Carrington v. Holabird, *General Rules. 18 C. R. 574. Where party dies during pendency of motion for new trial, judgment may be entered as of the term in which verdict was rendered. Collins . Prentice, 15 C. R. 423. when al Writ of error. How signed. rising of the court, file his bill of exceptions to any decisions of the court in the course of the trial, or in the charge to the jury, that have been against him; and if the court shall be of opinion that the same questions will arise again, if a new trial should be had, such bill of exceptions may be allowed and the questions arising thereon shall be considered by the supreme court of errors, in connection with those presented by the motion for a new trial, and the opinion of said court expressed thereon, in case a new trial of the cause is granted. SECT. 207. Writs of error may be brought to the supreme court of errors from the judgments and decrees of the superior court in the same county, and to the superior court from the judgments and decrees of city courts, and from the judgments of justices of the peace in the same county, which shall be allowed and signed by a judge of the supreme court of errors, of the superior court, or by the clerk of the superior court to which, or from the judgment or decree of which, the same shall be brought; and the authority Bond for prose. signing such writ shall take good and sufficient bond, with surety, that the plaintiff in error shall prosecute his suit to effect, and answer all damages if he fail to make his plea good.* cution. 1841. 1847. When to be served. When to be returned. SECT. 208. Writs of error to the supreme court of errors, shall be served and returned at least thirty days inclusive before the session of the court to which they are returnable, and writs of error to the superior court shall be served at least twelve days inclusive before the session of said court, and returned as other civil process.t * Whether writ of error must be dated. Ogden v. Lyman, 1 Day, 34. Writ of error upon an interlocutory judgment before final judgment, will abate. Gleason v. Chester, 1 Day, 27; Wallace . Middlebrook, 28 C. R. 464. Likewise motion in error. Treadway v. Coe, 21 C. R. 283. Retraxit of one plaintiff in error, allowed. Hyde v. Tracy, 2 Day, 491. Error will lie, for admitting illegal evidence. Weed v. Bishop, 7 C. R. 128: For rejecting legal evidence. Carrington v. Holabird, 17 C. R. 530. On decree to perpetuate testimony. Jerome Jerome, 5 C. R. 352. For errors on interlocutory judgment, which make final judgment erroneous. Wallace v. Middlebrook, 28 C. R. 464. For want of jurisdiction. Stonington v. State, 31 C. R. 213; For misjoinder. Stevens v. Hurlburt Bank, 31 C. R. 146. Error will not lie, when: For refusing new trial. Granger v. Bissell, 2 Day, 364; Lewis v. Hawley, 1 C. R. 49; White . Trinity Church, 5 C. R. 187; Magill v. Lyman, 6 C. R. 59 and 69; Chambers v. Campbell, 15 C. R. 427; N. & W. R. R. Co. v. Čahill, 18 C. R. 484: For granting new trial. Wallace v. Middlebrook, C. R. 464: For allowance or disallowance of costs in Chancery. Cowles v. Whitman, 10 C. R. 121: For reversing order of testimony. Doane v. Cummings, 11 C. R. 155: For what appears in motion for new trial. Chambers v. Campbell, 15 C. R. 427; Nichols v. Bridgeport, 27 C. R. 459: For anything contradicting record. Whetmore v. Plant, 5 C. R. 541; Burgess v. Tweedy, 16 C. R. 39: For appointment of freeholders to assess damages on railroad. Williams v. Hartford & N.H. R.R. Co., 13 C. R. 110: Where bill of exceptions brings up the whole case. McDonald v. Fisher, Kirby, 339; Wadsworth v. Sanford, Kirby, 456; Watson v. Watson, 10 C. R. 75: Picket v. Allen, 10 C. R. 146: Lyme v. East Haddam, 14 C. R. 395; Sharp v. Curtis, 15 C. R. 526; Shelton v. Hoadley, 15 C. R. 535. Nor. & Wor. R. R. Co. v. Kay, 22 C. R. 603. For merely formal error. Weed v. Weed, 25 C. R. 494. Limiting number of impeaching witnesses. Bunnell v. Butler, 23 C. R. 65. In criminal proceedings after acquittal. Francis v. Lewis, 11 C. R. 200: This rule applicable to complaint by master against apprentice. Same. But to proceedings under statute against forcible entry and detainer. Dutton e. Tracy, 5 C. R. 79. Taxation of costs in forcible entry and detainer, not the subject of error. Same, 79. Refusing appearance by counsel, no ground of error, when. Mansfield v. Mansfield, 6 C. R. 559. Writ of error can be brought only by party aggrieved. Coe v. Turner, 5 C. R. $6; Alling v. Shelton, 16 C. R. 436. When amendment of writ of error, refused. Judson v. Blanchard, 3 C. R. 579. When writ of error is a supersedeas. Dutton v. Tracy, 4 C. R. 365. When not. Phelps v. Landon, 4 Day, 370; Beckley v. Boardman, 6 C. R. 372. No objections not pointed out in writ of error, will be noticed. Reynolds . Reynolds, 15 C. R. 83; Tolland v. Wallingford, 26 C. R. 578. Otherwise, if discovered by the court. Crandall v. State, 10 C. R. 339. Errors loosely assigned, not regarded with favor. Finch v. Ives, 28 C. R. 117. Court may reverse a judgment for an error not assigned. Ives v. Finch, 28 C. R. 112. Proper discretion of court, no ground of error. Bunnell v. Butler, 23 C. R. 65. Whether a mistake in a record is a question of fact. Weed v. Weed 25 C. R. 338. + Formerly, what service necessary. Gaylord v. Payne, 3 C. R. 258. Writs of error shall be served by the officer leaving SECT. 209. 1823. general. a true and attested copy of the same with the defendant in error, if in to be served there be but one, or at his usual place of abode, or, if he be not a resident of this state, with the attorney who appeared in the original cause; but if there be more than one defendant, service may be made upon one as aforesaid, and upon the others in the same manner, or by the officer reading the same in his or their hear ing; and writs of error may be served on the petitioners for a high- on petitioners way, by reading the same in the hearing of any of the first three for a highway. signing petitioners, or by leaving an attested copy thereof at the usual place of abode of either of the said first three signing peti tioners. Writs of error may be served upon communities and cor- On corporations. porations, public or private, in the manner provided by law for the service of other civil process. 1823. SECT. 210. Whenever final judgment is rendered in the superior Motion error. court, in any cause in which a party may be entitled to a writ of error to the supreme court of errors, such party may, in the same term and within twenty-four hours after final judgment, except as hereinafter provided, file his motion that the record in such canse may be transmitted to the next supreme court of errors, which would have cognizance of a motion for a new trial, in the cause, and if, on such motion, the superior court shall be of opinion that the same is not intended for delay, but that the questions arising on the record are such as entitle the party to a revision thereof, such court may allow the motion, if the party moving Bond for proseshall give sufficient surety by recognizance to the adverse party, to cution. pay all damages if he fail to prosecute the same to effect; and thereupon a copy of the record shall be entered on file in the next supreme court of errors, which shall proceed therein in the same manner as on a writ of error.* 1862. SECT. 211. The superior court may, at its discretion, extend the Time for filing time for filing motions in error, and motions for new trials, to any motions in error, time not exceeding ten days after the rendition of the judgment ed, when. complained of. may be extend Motions in error SECT. 212. Motions in error, and for a new trial, may be joined 1861. and allowed at the same time, by the superior court, and when a and for new trial new trial has been refused by the supreme court of errors, no motion may be joined. in error shall thereafter be allowed in the superior court. 1864. after decision by proceeded with. SECT. 213. Whenever jurisdiction, original or appellate, over any Motion for new subject matter or proceeding, is or shall be vested in a judge of the su- trial, or in error, preme court of errors, or superior court, if any person, who is a party judge, when al to such proceeding, shall think himself aggrieved by the decision of lowed, and how such judge, upon any question of law arising therein, and shall, within ten days after he or his attorney shall have been notified of the final decision or judgment of such judge, make and present to such judge a motion for a new trial, stating therein the said questions of law, or a motion in error for questions arising on the record of such proceedings, said judge, if he shall be of opinion that such motion is not intended for delay, and that the questions are such as to entitle the party to a revision thereof, shall reserve such motion for a new trial, for the opinion of the supreme court of errors next to be holden in the county where the parties, or any of them, reside, Judgment on cross-bill alone, is not a final judgment in the cause, laying foundation for motion in error. Treadway v. Coe, 21 C. R. 283. Allowance of motion and necessary findings of court, may be implied from the taking of recognizance. Hillhouse v. Dunning, 7 C. R. 189. ages, by laying and shall allow such motion in error, and transmit such record to the said supreme court of errors, in the same manner and according to the same rules and regulations as are, or shall be, by law provided in the case of similar motions made in the superior court; but In appeals from in cases of appeal from the appraisal of damages in laying out any appraisal of dam-street, or in making any improvement or public work, in any city, out streets in ci- village, or borough, upon paying to the person or persons entitled ties, &c. thereto, damages appraised therefor, or upon depositing the same in the manner provided in and by the respective charters of said cities, villages, or boroughs, and in cases where no damages shall be appraised, such city, village, or borough, may immediately proceed to lay out and open such street, or make and complete such improvement or public work, in the same manner as if no motion for a new trial or motion in error had been made; and in prostay of execution ceedings on writs of habeas corpus, the said judge may, at his discretion, decline to order a stay of execution of his judgment. In habeas corpus, may be refused. The cause shall be remanded, where. Cost. 1855. Writ of error from city to superior court. 1848. 1855. versal by court of errors. SECT. 214. Whenever the supreme court of errors shall have tried and determined a cause, as specified in the preceding section, and whenever said motion for a new trial or motion in error shall be withdrawn or abandoned, said court shall remand such cause to the judge who tried the same, to be proceeded with by him to final judgment; and the whole costs of such proceeding shall be taxed in favor of the prevailing party, and said judge may issue execution therefor. SECT. 215. Whenever a final judgment or decree is rendered in any city court in this state, in any cause in which a party may be entitled to a writ of error to the superior court, such party may, in the same term, and within twenty-four hours after final judgment or decree, file a motion that the record in such cause may be transmitted to the next superior court, in the county where such city court is held, and thereupon such city court shall have the same powers with reference to such motion as are given to the superior court in the two hundred and tenth section of this act, upon similar motions in the superior court for the transmission of records to the supreme court of errors; and upon the allowance of such motion, a copy of the record shall be entered on file in the next superior court for such county, which shall proceed therein as on a writ of error; and said city court may, upon allowing said motion, stay execution whenever it shall think proper. SECT. 216. Whenever a judgment or decree shall be reversed by Judgment on re- the supreme court of errors, such court may render judgment in favor of the plaintiff in error, to recover of the defendant the damages he has sustained by such erroneous judgment or decree, together Cause may be with his cost on the writ of error, or motion in error: or may remand the cause to the superior court, to be proceeded with by said court to final judgment, in which case the whole cost, except that on the writ of error, or motion in error, shall be taxed in favor of the prevailing party; and the cost in the supreme court of errors shall be taxed in favor of the plaintiff in error.* remanded. Costs. 1855. SECT. 217. If a judgment or decree shall be reversed by the supe * If decision in favor of motion in arrest be reversed, judgment will be entered on the verdict. Gleason v. Chester, 1 Day, 152. Before enactment of this section, when judgment reversed, but not on a principle showing that action could not be sustained, plaintiff might enter action in superior court without order of court. Allen v. Adams, 17 C. R. 67. Motion in error, in effect like a writ of error. Finch v. Ives, 24 C. R. 887. As to remittitur on such motion. Weed v. Weed, 25 C. R. 494. When motion in error, a remedy. Tolland v. Wallingford, 26 C. R. 578. |