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
| 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«."... | |
| 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... | |
| 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,... | |
| 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... | |
| 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... | |
| 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.... | |
| 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... | |
| 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... | |
| 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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