 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 - Page 235by Simon Greenleaf - 1853Full view - About this book
 | United States. Supreme Court - Law reports, digests, etc - 1830 - 584 pages
...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 - Constitutional law - 1854 - 674 pages
...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 - Law reports, digests, etc - 1874 - 726 pages
...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 - Law reports, digests, etc - 1909 - 746 pages
...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.) - Civil procedure - 1867 - 588 pages
...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 - Law reports, digests, etc - 1870 - 540 pages
...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... | |
 | Insurance law - 1871 - 764 pages
...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 - Law reports, digests, etc - 1914 - 764 pages
...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 - Constitutional history - 1873 - 752 pages
...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 - Bankruptcy - 1873 - 546 pages
...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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