Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Volume 2

Front Cover
William Mark McKinney, Burdett Alberto Rich
Edward Thompson Company, 1914 - Law

From inside the book

Contents

Theory of Case
55
Variance
56
Damages
57
Illegality of Contract
83
Errors Prejudicial to Infants 60 Clerical Error in Entry of Judgment
84
Parties
85
Submission of or Refusal to Submit Issue 63 Sufficiency of Pleadings in General
86
Service and Waiver of Notice
87
Sufficiency of Indictment 65 Jurisdiction
88
Necessity for Ruling by Trial Court
89
OBJECTIONS EXCEPTIONS AND MOTIONS FOR NEW TRIAL
90
The Objection
91
Necessity and Purpose of Exception
92
Waiver of Bond or Defects Therein
93
Effect upon Judgment or Decree
94
Effect upon Jurisdiction of Trial Court
95
Form and Partieularity of Exception 70 Time of Taking Exceptions 71 Waiver of Exception or Objection
96
Effect as Supersedeas in General
97
Motion for New Trial
98
Matters Considered Part of Judgment Roll Generally
99
Procedure for Obtaining Review GENERAL PRINCIPLES 73 Compliance with Statutory Requirements in General
100
Petition for and Allowance of Writ of Error 75 The Writ Service and Citation in General
101
Amendment of Writ
102
Application for and Allowance of Appeal 78 Affidavit of Good Faith of Appellant 79 Review of Separate Causes on Single Appeal or Writ of Error
103
LIMITATIONS AS TO TIME 80 In General
104
Bill of Exceptions
105
Computation of Time in General 82 Necessity for Entry of Judgment and Notice
106
Effect of Pendency of Motion for New Trial or Rehearing
107
Admission and Exclusion of Evidence
133
Weight and Sufficiency of Evidence
135
Instructions
138
Remarks of Counsel 112 Taking of Exception THE BILL OF EXCEPTIONS
139
In General
140
Skeleton Bill 115 General Sufficiency of Bill
142
Signing and Sealing Bill
143
Time of Filing or Signing Bill
144
Identification and Authentication of Bill 119 Service and Notice of Bill
146
Allowance of Bill
147
Attached Papers and Exhibits
148
General Construction of Bill
149
Correction of Bill 124 Substitutes for Bill
150
In General TRANSCRIPT OF RECORD
151
Time for Filing 127 Authentication
152
Conflicts 129 Conclusiveness
153
Correction
154
Abstract and Index
155
Reporters Transcript of Evidence
157
Statement of Facts or Case Made
158
Assignments of Errors 134 Necessity for Assignment
159
Form of Assignment in General
161
Assignment Relating to Instructions
163
Assignment Relating to Evidence
164
Designation of Appellate Court and Parties 139 Assignment on Appeal from Intermediate Court
165
Amendment of Assignment 141 Time of Assigning Error 142 Parties to Assignment of Errors
166
Dismissal of Appeal 143 In General
167
Right of Appellant to Dismiss
168
Change in Circumstances Pending Appeal
169
Failure to Assign Errors
171
Hearing and Rehearing Briefs and Arguments HEARING AND REHEARING 147 Hearing in General 148 Rehearing in General
172
Grounds for Rehearing
173
Limitations as to Time
175
BRIEFS AND ARGUMENTS 151 In General
176
Contents in General
177
Necessity for Argument of Points
178
Review GENERAL PRINCIPLES 154 Scope of Review Generally
180
Review at Instance of Appellee
182
Theory of Case Below
183
Inconsistent Findings
184
Appeal from State Court to Federal Supreme Court 159 Appeal from Interlocutory Order or Decree
185
Verdict Contrary to Natural or Scientific Principles 172 Findings by Trial Court in General
202
Particular Considerations in Review of Findings
204
Findings by Intermediate Appellate Court
208
Findings of Referee or Master
210
REVIEW OF DISCRETIONARY ACTION 176 In General
211
Amount of and Suspension of Sentence 178 Change of Venue
214
Opening Default 180 Reception of Evidence
215
Confirmation of Judicial Sales
216
New Trial
217
Other Instances
218
PRESUMPTIONS
219
Appeal to Intermediate Court XIII Reversible Error IN GENERAL 195 Rule Stated
230
Presumption as to Effect of Error
235
Favorable Error
237
Invited Error
239
Conduct of Trial Generally
241
Argument of Counsel
242
View in Criminal Cases 202 Verdict and Findings
243
MATTERS OF PLEADING 203 In General
244
Permitting Defective Count in Declaration or Indictment
246
MATTERS OF EVIDENCE 205 Admission of Evidence in General
247
Admission of Particular Evidence
250
Exclusion of Evidence
254
Cross Examination MATTERS OF INSTRUCTIONS 209 Instructions Given
256
Application of Rule
259
Instructions Refused
261
Decision on Appeal and Subsequent Proceedings GENERAL PRINCIPLES 212 Opinion of Appellate Court 213 Concurrence of Judges
262
Matters Occurring After Judgment 215 Death of Party After Submission
263
Impossibility of Furnishing Record
264
Termination of Jurisdiction of Appellate Court
265
In General
266
Reversal to Permit Recovery of Nominal Damages
267
Reversal as to Coparties
268
Imposing Terms
269
General Effect of Reversal 223 Effect Upon Other Judgments or Orders
270
As Bar to Another Action
271
Resentence in Criminal Case
272
General Effect of Reversal as to Third Persons 227 Loss of Title by Reversal in General
273
Purchase Through Plaintiff Under Judicial Sale
274
Purchase by Third Person at Judicial Sale
275
AFFIRMANCE OR MODIFICATION 230 Affirmance
276
Modification in General
277
Reduction of Amount of Recovery in General
278
Unliquidated Damages
279
Increasing Amount of Recovery RENDERING FINAL JUDGMENT 235 In General
280
Facts Undisputed
281
Insufficiency of Evidence
282
Equity Appeals
283
REMAND FOR FURTHER PROCEEDINGS 239 In General
284
New Trial in General
285
Limiting Issues on New Trial MANDATE ON REMISSION 242 In General
287
Withholding Mandate
288
Compliance with Mandate
289
RESTITUTION ON REVERSAL 245 In General
291
Discretion to Refuse Restitution
292
Property Purchased by Judgment Creditor His Attorney or Assignee
294
Remedy for Restitution in General
296
Independent Action
297
Limitation of Actions 251 As Bar or SetOff to Cause of Action 252 Withholding Remittitur
298
Amount of Recovery in General 254 Property Sold or Possession Awarded
299
Effect of Restitution XV Certified Questions 256 In General
301
The Question Certified in General
303
Matters Relating to Pleading and Evidence
304
Definition XVI Coram Nobis and Coram Vobis 260 General Use of Writ
305
Jurisdiction
336
In General SUCCESSIVE APPEALS LAW OF THE CASE
339
Limitation of General Rule 189 Jurisdiction
493
Pleadings
705
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