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" 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 235
by Simon Greenleaf - 1853
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The Pacific Reporter, Volume 29

Law reports, digests, etc - 1892 - 1178 pages
...judgment. "The only mode known, to examine such facts at common law, 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 reward of a venire facias de wtvo by appellate court toreóme error of law that intervened in the proceeding«."...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

Appellate courts - 1902 - 812 pages
...according to the rules of the common law" ; that is to say, "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...
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The Constitution of the United States at the End of the First Century

George Sewall Boutwell - Constitutional history - 1895 - 486 pages
...by a jury in any other manner than that pursued in the common law Courts, namely, by a new trial in the Court where the issue was tried, or to which the record was properly returnable, or by an Appellate Court, for some error of law which intervened in the proceedings. (Parsons v. Bedford,...
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The Constitution of the United States at the End of the First Century

George Sewall Boutwell - Constitutional history - 1895 - 440 pages
...new trial in the Court where the issue was tried, or to which the record was properly returnable, or by an Appellate Court, for some error of law which intervened in the proceedings. (Parsons v. Bedford, 3 Pet. 433.) § 651. In the further examination of the seventh article the Court...
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The Pacific Reporter, Volume 42

Law reports, digests, etc - 1896 - 1164 pages
...Pet 443: "The only mode known to examine such facts at common law Is 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." A new trial having been refused In the lower court, aiid the appellant failing to obtain a reversal...
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The Minnesota Law Journal, Volume 5

Law - 1897 - 260 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...properly returnable; or the award of a venire facias de navo, by an appellate court, for some error of law which intervened in the proceedings." See, also....
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The American and English Railroad Cases: A Collection of All Cases ...

Railroad law - 1897 - 840 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...was properly returnable, or the award of a venire faeias de novo by an appellate court, for some error of law which intervened in the proceedings." Parsons...
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The American Law Register and Review, Volume 45

Electronic journals - 1897 - 914 pages
...tried, or to which the reiwd was projwrly returnable ; or the award of a I'fairt- fttfiiis ,lr Hfi-o, by an appellate court, for some error of law which intervened in the proceedings." Sec. also. Miller, Constitutional Law, 495, and cases cited. In the second place, there remains the...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 7

New Mexico. Supreme Court, John Abbott, Paul A. F. Walter - Law reports, digests, etc - 1897 - 746 pages
...reexamine facts found by a jury in the trial of a common law action: The granting of a new trial by the court where the issue was tried or to which the record was returnable, and an award of a venire facias de novo by an appellate court for some error of law which...
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The Law and Practice in Bankruptcy

Orlando Bump - Bankruptcy - 1898 - 998 pages
...only were known to the common law to re-examine 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 ¡i venire facias de novo by an appellate court for some...
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