The only modes known to the common law to re-examine such facts are the granting of a new trial by the court where the issue was tried, or to which the record was properly returnable, or the award of a venire facias de novo, by an appellate court, for... A Treatise on the Law of Evidence - Halaman 235oleh Simon Greenleaf - 1853Tampilan utuh - Tentang buku ini
| United States. Supreme Court - 1830 - 584 halaman
...The only modes known to the common law to re-examine such facts, are the granting of a new trial by the court where the issue was tried, or to which the...intervened in the proceedings. The judiciary act of 1789, ch. 20, sec. 17, has given* to all the courts of the United States " power to grant new trials in cases... | |
| George Ticknor Curtis - 1854 - 674 halaman
...The only modes known to the common law to re-examine such facts are, the granting of a new trial by the court where the issue was tried, or to which the record is properly returnable ; or the award of a venire facias de novo by the appellate court, for some error... | |
| United States. Supreme Court - 1874 - 726 halaman
...of a new trial by the court where the issue was tried or to which the record was returnable, or by the award of a venire facias de novo by an appellate...error of law which intervened in the proceedings.* Nothing, therefore, is open to re-examination in this case except such of the rulings of the court... | |
| United States. Supreme Court - 1909 - 746 halaman
...could only be re-examined, under the rules of the common law, either by the granting of a new trial by the court where the issue was tried or to which the record was returnable, or by the award of a venire facias de novo by an appellate court for some error of law... | |
| Nathan Howard (Jr.) - 1867 - 588 halaman
...such facts, are the granting of a new trial by the court where the issue was tried, or to which tho record was properly returnable, or the award of a...error of law which intervened in the proceedings." It is urged that the seventh amendment of the constitution only applies to the courts of the United... | |
| United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 540 halaman
...The only modes known to the common law to reexamine such facts, are the granting of a new trial by the court where the issue was tried, or to which the...intervened in the proceedings. The Judiciary Act of 1789, c. 20, ยง 17,' has given to all the courts of the United States " power to grant new trials in cases... | |
| 1871 - 764 halaman
...of a new trial by the court where the issued was tried or to which the record was returnable, or by the award of a venire facias de novo by an appellate...error of law which intervened in the proceedings. Parsons vs. Bedford, 2 Pet. 448. 2 Story on Const., See, 1,770. Brooklyn Life Ins. Co. vs. Miller.*... | |
| Ohio. Supreme Court - 1914 - 764 halaman
...The only modes known to the common law to re-examine such facts, are the granting of a new trial by the court where the issue was tried, or to which the...error of law which intervened in the proceedings." In Walker v. New Mexico, etc., Railroad Co., 165 US, 593, decided in 1897, Justice Brewer said: "Its... | |
| Joseph Story - 1873 - 752 halaman
...The only modes known to the common law to re-examine such facts are the granting of a new trial by the court where the issue was tried, or to which the...record was properly returnable, or the award of a cenire facias de novo by an appellate court, for some error of law which intervened in the proceedings.... | |
| William A. Shinn - 1873 - 546 halaman
...modes only were known to the common law to reexamine such facts, to wit, the granting of a new trial by the court where the issue was tried or to which the record was returnable, or, secondly, by the award of a venire facia* de novo by an appellate court for some error... | |
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