 | Great Britain. Court of King's Bench, Charles Durnford - 1817 - 888 Seiten
...upon the whole case, no new tritl in a penal action has been granted, though the jury have dr. uia wrong conclusion : so too, in ordinary, where the...question too inconsiderable to be retried, the Court has frequently refused to send the case back to another jury. But wherever a mistake of the Judge has... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - 1826 - 780 Seiten
...evidence. In Wilson v. Rastall, Lord Kenyan said (a), " that where the jury have fonped an opinion on the whole case, no new trial in a penal action has...question too inconsiderable to be re-tried, the Court Las frequently refused to send the case back to another jury." And in Brook v. Middleton, Lord Ellenborovgh... | |
 | David Graham (Jr.) - 1834 - 712 Seiten
...no new trial in a penal action has been granted, though the jury have drawn a wrong conclusion. — But wherever a mistake of the judge has crept in,...do not recollect a single case in which the court has ever refused to grant a new trial."(l) So, in Calcraft v. Gibbs.(2) Action of debt, for a penalty... | |
 | Tennessee. Supreme Court, Return Jonathan Meigs - 1839 - 720 Seiten
...313 — see note there. In Wilson vs. Reslall, 4 TB 753, a penal action, Ld. Kenyon said — "Where a mistake of the judge has crept in, and swayed the opinion of the jury, 1 do not recollect a single case in which the court hfas ever refused to grant a new trial." But he... | |
 | David Graham (Jr.) - 1855 - 650 Seiten
...no new trial in a penal action has been granted, though the jury have drawn a wrong conclusion. — But wherever a mistake of the judge has crept in, and swayed *the [*265] opinion of the jury, I do not recollect a single case in which the court has ever refused to... | |
 | Herbert Broom - 1874 - 880 Seiten
...against evidence, where the damages are less than 2Q1.3 "In ordinary," as remarked by Lord Kenyon, CJ,4 "where the damages are small, and the question too...another jury. But, *wherever a mistake of the judge has r*-i JOT crept in and swayed the opinion of the jury, I do not recollect a single case in which the... | |
 | 1890 - 1282 Seiten
...to the mode by which the result is to be reached. 'In ordinary ' as remarked by Lord KENYON, CJ, « where the damages are small, and the question too...send the case back to another jury. But, wherever the mistake of the judge has crept in and swayed the opinion of the jury, I do not recollect a single... | |
 | 1895 - 1052 Seiten
...in a case where the verdict has proceeded on the mistake of the judge. Where, indeed, the Jury hare formed an opinion upon the whole case, no new trial...question too inconsiderable to be retried, the court has frequently refused to send the case back to another jury. But wherever a mistake of the judge has... | |
 | 1895 - 1108 Seiten
...case, no new trial in a penal actionnas been granted, though the jury have drawn a wrong com-luslon. So, too, in ordinary, where the damages are small,...question too Inconsiderable to be retried, the court has frequently refused to send the case back to another jury. But wherever a mistake of the judge has... | |
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... the verdict has proceeded on the mistake of the judge. Where, indeed, the jury have formed an opinion upon the whole case, no new trial in a penal action has been granted, though the jury have drawn a wrong conclusion : So, too, in ordinary, where... 