CHAPTER XXVII. NEW TRIAL. 1. Rule Nisi for a New Trial in Q. B. In the Queen's Bench. the day of, A. D. B. It is ordered that the plaintiff [or "defendant"] upon notice of V. this rule to be given to his attorney, shall upon show cause D.) why the verdict [or "nonsuit"] obtained in this cause should not be set aside, and a new trial had between the parties; and in the meantime that proceedings be stayed. Upon the motion of Mr. ———. [See 2 Chit. Ar. Pr. 1099.] By the Court. 2. The like, for setting aside a Verdict, and entering a Nonsuit, or for a In the Common Pleas V. D. New Trial, in C. P. the day of, A. D. — B. Upon reading the record of the issue joined between the said parties, it is ordered that the plaintiff, upon notice of this rule to be given to his attorney or agent, shall show cause to this court on -, why the verdict obtained in this cause should not be set aside and a nonsuit entered, or a new trial had between the said parties; and in the meantime, and until this court shall otherwise order, let the entry of final judgment upon the said verdict be stayed, and the postea remain in the hands of the associate. Upon the motion of Serjeant By the Court. 3. Rule Nisi in Exchequer for a New Trial, stating the Grounds of In the Exchequer of Pleas. B. Motion. It is ordered that the plaintiff [or "defendant"] upon notice of V. this rule to be given to his attorney, shall upon show cause D. why the verdict [or "nonsuit"] obtained in this cause should not be set aside and a new trial had between the parties, on the grounds, 1st, that the learned judge who tried the said cause rejected the evidence of W. W. a competent witness for the [defendant], on the ground that he was incompetent to give evidence for the [defendant]; 2dly, that the said judge misdirected the jury by stating [&c. stating the ground of misdirection]; 3dly, that the verdict was against the weight of evidence, and against the directions of the said learned judge [&c. stating all the grounds on which the court gave leave to move,] and in the meantime all proceedings be stayed. Upon the motion of Mr. By the Court. 4. Note in Writing to be delivered to Chief Justice or Chief Baron, after obtaining Rule Nisi for a New Trial. In the Queen's Bench [or " C. P. or “ Exch. of Pleas.”] Between A. B. plaintiff and C. D. defendant. I beg most respectfully to inform your lordship that this cause was tried at the sittings [after last term at Guildhall, London,] before your lordship, on the day of last, and that a verdict was found for the said plaintiff for £ damages; but that by leave of this honourable court a rule nisi for a new trial was obtained in this present --term, as appears by a copy of the rule nisi hereunto annexed; and I further inform your lordship, that the nature and grounds of the motion for the said rule nisi were and are as follows [state concisely the grounds of motion to be relied upon in support of the rule nisi.] D. A. [defendant's] attorney. (his residence.) To the Right Hon. (name of chief justice or chief baron.) [See 2 Chit. Ar. Pr. 1102.] 5. Nisi Prius Record, &c. on New Trial. CHAPTER XXVIII. JUDGMENT NON OBSTANTE VEREDICTO. 1. Entry of Final Judgment non obstante veredicto in Debt, where a Writ of Inquiry is unnecessary (a). [Proceed to the end of the postea, and then thus:] And hereupon the plaintiff prays judgment to be given for him that he do recover the debt in the action above-mentioned, and also his damages which he hath sustained, on occasion of the detaining the said debt, notwithstanding the verdict of the said jurors upon the issue above joined between the parties, and because it appears to the court here that the plea of the defendant by him above pleaded is not sufficient in law, and that the defendant hath therein confessed the cause of action in the declaration mentioned, and hath not sufficiently avoided the same, and that judgment ought to be given for the plaintiff notwithstanding the said verdict, therefore it is considered by the court here that the plaintiff do recover of the defendant his said debt, and also 1s. for his damages which he hath sustained, by reason of the detaining of the said debt, by the court here adjudged to the plaintiff, and with his assent; and the defendant in mercy &c. [Add the usual marginal notes, as directed ante, 102, No. 1.] 2. Entry of Final Judgment for Plaintiff non obstante veredicto, where the damages have been assessed by a Writ of Inquiry (b). [Proceed to the end of the postea, and then thus:] And hereupon the plaintiff prays judgment to be given for him, that he do recover the damages by him sustained by reason of the premises in the said declaration mentioned, notwithstanding the verdict of the said jurors upon the issue above joined between the parties, and because it appears to the court here that the plea of the defendant by him above pleaded is not sufficient in law, and that the defendant hath therein confessed the cause of action in the declaration mentioned, and hath not sufficiently avoided the same, and that judgment ought to be given for the plaintiff notwithstanding the said verdict: Therefore, notwithstanding the said verdict of the said jurors upon the said issue above joined between the parties, it is considered that the plaintiff do recover of the defendant his damages by him sustained by reason of the premises in the declaration mentioned: But because it is unknown [&c. proceed to set forth the award of a writ of inquiry, the return of the writ, and final judgment, as in the form of judgment by default, ante, 328, from the asterisk*, omitting that part of the form which adjudges costs to the plaintiff.] (a) See as to this 2 Chit. Ar. Pr. 1108. Neither party is entitled to costs of the issues on which judgment non obstante veredicto has been given, id. 1109. (b) A writ of inquiry can only issue where plaintiff has judgment on the entire cause of action, if the defendant has a verdict as to part, there must be a venire de novo. 3. Entry of Judgment for Plaintiff non obstante veredicto, where the Verdict on one of several Pleas was found for Defendant and the Jury assessed the Damages on another Plea. [Proceed as in other cases to the end of the statement of the postea, and then thus:] And hereupon the plaintiff prays judgment to be given for him upon the verdict aforesaid, that he do recover the damages, costs, and charges aforesaid, and other his costs and charges by him about his suit in this behalf expended, notwithstanding the said verdict of the said jurors upon the said second issue above joined between the parties, and because it appears to the court here that judgment ought to be given for the plaintiff, notwithstanding the said verdict upon the said second issue: Therefore, notwithstanding the said verdict of the said jurors upon the said second issue above joined between the parties, it is considered, that the plaintiff do recover of the defendant his said damages, costs, and charges by the jurors aforesaid in form aforesaid assessed, and also for his costs and charges by the court here adjudged of increase to the plaintiff, with his assent, which damages, costs and charges in the whole amount to £- and the defendant in mercy &c. EE CHAPTER XXIX. ARREST OF JUDGMENT. 1. Rule Nisi for arresting the Judgment, in Q. B. or Exchequer. In the Q. B. [or “ Exch. of Pleas."] B. V. D. As yet of the day of term, Victoria. A.D. It is ordered that the plaintiff, upon notice of this rule to be given to his attorney, shall upon show cause why the judgment on the verdict obtained in this cause should not be arrested, and in the meantime that proceedings be stayed. Upon the motion of Mr. 2. Rule for arresting Judgment, in C. P. By the Court. In the Common Pleas. the day of A. D. V. D. As yet of term, 3 Victoria. B. 7. Upon reading the record of nisi prius between the said parties, it is ordered that the entry of final judgment upon the verdict found for the plaintiff on the trial of this cause be stayed, until this court be moved on behalf of the plaintiff, and shall otherwise order. Let notice of this rule be given to the plaintiff, his attorney or agent; and let notice of the motion to discharge this rule be given to the defendant, his attorney or agent. Upon the motion of Mr. By the Court. 3. Notice of Motion to discharge the Rule in C. P. P. A. plaintiff's attorney [or "agent."] To Mr. D. A. defendant's attorney [or "agent."] 4. Entry of Arrest of Judgment for Insufficiency of Declaration. [Proceed to the end of the postea, and then thus:] And hereupon, on the plaintiff prays judgment to be given for him upon the verdict aforesaid but because it appears to the court here, that the writ and declaration aforesaid are not sufficient in law for the plaintiff to have or maintain his aforesaid action thereof against the said defendant, therefore, omitting to give judgment upon the verdict aforesaid, it is told to the parties aforesaid, by the said court here, that they do go thereof without day &c. [See 2 Chit. Ar. Pr. 1110.] |