A Treatise on New Trial and Appeal, Band 1Bancroft-Whitney, 1912 - 1902 Seiten |
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Häufige Begriffe und Wortgruppen
39 Wash 57 Wash 9 Cal abuse of discretion action adverse party affidavit alleged amendment appear appellate court apply Ariz attorney Bank California Code cause Civil Procedure Code of Civil Codes of Idaho Colo Colorado Constitution counsel court held Davis decision defendant delivering the opinion demurrer dence effect error Estate filed ground improper instructions irregularity issues of fact Jones judge jurors jury trial justice Lord's Oregon Laws ment misconduct Mont Montana Morr motion moving party newly discovered evidence nonsuit North Dakota notice of intention objection plaintiff pleadings Practice Act prejudice proceedings proper provision question reason reference refused rendered Revised Codes rule San Francisco Seattle Smith Southern Pacific Southern Pacific Co specific statement statute subdivision sufficient Superior Court supreme court testimony Thompson tion trial by jury trial court unless Utah verdict waived waiver witness
Beliebte Passagen
Seite 183 - The right of trial by jury shall be secured to all, and remain inviolate ; but in civil actions three-fourths of the jury may render a verdict.
Seite 574 - Where the variance is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Seite 423 - ... 2. Insufficiency of the evidence to justify the findings and decision. " 3. Newly discovered evidence material to defendants and which could not with reasonable diligence have been discovered and produced at the trial.
Seite 570 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Seite 280 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Seite 135 - ... 1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial; "2.
Seite 136 - Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a finding on any question submitted to them by the court by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors.
Seite 191 - Trial by jury may be waived by the several parties to an issue " *• ' of fact in actions arising on contract...
Seite 636 - That a witness, false in one part of his testimony, is to be distrusted in others ; 4.
Seite 135 - The former verdict or other decision may be vacated and a new trial granted, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: 1.