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" ... unless in the opinion of the Court to which the application is made some substantial wrong or miscarriage has been thereby occasioned in the trial... "
The Consolidated Ordinances of the Northwest Territories, 1898: Being a ... - Page 288
by Northwest Territories - 1899 - 1125 pages
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The Law Times, Volume 56

Law - 1874 - 486 pages
...which he would be now entitled in courts of equity is continued : (rule 47.) New trials are not to be granted on the ground of misdirection, or of the improper admission or rejection of evidence, unless it should appear to the court that substantial wrong has been thereby occasioned at the trial...
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The Supreme Court of Judicature Act, 1873: With Rules of Procedure ..., Page 941

Great Britain, Thomas Preston - Civil procedure - 1873 - 244 pages
...rules hitherto acted upon in Courts of Equity. New Trials and Appeals. Restrictions on Nem Trials. 48. A new trial shall not be granted on the ground of...of the improper admission or rejection of evidence, unless in the opinion of the Court to which the application is made some substantial wrong or miscarriage...
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Parliamentary Papers, Volume 5

Great Britain. Parliament. House of Commons - Great Britain - 1873 - 604 pages
...entitled according to the rules hitherto acted upon in Courts of Equity. Neio Trials and Appeals. 10 48. A new trial shall not be granted on the ground of misdirection or of the Restrictions on improper admission or rejection of evidence, unless in the opinion of the Court to...
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Mr. Serjeant Stephen's New Commentaries on the Laws of England: (Partly ...

Henry John Stephen - Law - 1874 - 726 pages
...divisional court (/). And the rules of procedure annexed to the same Act, contain an express provision that a new trial shall not be granted on the ground of...of the improper admission or rejection of evidence, unless in the opinion of the court to which the application is made, some substantial wrong or miscarriage...
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The Law and Practice of the Supreme Court of Judicature, Comprising the ...

Wynne E. Baxter - Civil procedure - 1874 - 452 pages
...48 in the schedule to the Act (p. 80) new trials are further restricted. By it a new trial is not to be granted on the ground of misdirection, or of the improper admission or rejection of evidence, unless in the opinion of the Court there has been some substantial wrong or miscarriage. NOTE 94.—...
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The New System of Practice and Pleading Under the Supreme Court of ...

Sir William Thomas Charley - Civil procedure - 1875 - 754 pages
...the Court.|| But the notice must, in future, bo given in all «ases, and within four days. Rule 3. A new trial shall not be granted on the ground of...of the improper admission or rejection of evidence, unless in the opinion of the Court to which the application is made some substantial wrong or miscarriage...
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The Law and Practice of the Supreme Court of Judicature

Arundel Rogers - Civil procedure - 1875 - 592 pages
...order shall be served on the opposite party within four days from the time of the same being made. 3. A new trial shall not be granted on the ground of...of the improper admission or rejection of evidence, unless in the opinion of the Court to which the application is made some substantial wrong or miscarriage...
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The Supreme Court of Judicature Acts 1873 and 1875: With the Rules, Orders ...

William Downes Griffith - Civil procedure - 1875 - 700 pages
...until set aside by some other means on evidence of merits. (n) I'd'/M v. Curlin'j, 1 M. k G. 05S. OF 3. A new trial shall not be granted on the ground of...misdirection or of the improper admission or rejection of Ord. 39. evidence, unless in the opinion of the Court to which the New trial not application is made...
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The Student's Guide to the Supreme Court of Judicature Acts, 1873 & 1875 ...

John Indermaur - Civil procedure - 1875 - 152 pages
...important provision is made by the Rules as to the grounds for a new trial ? A. It is provided that a new trial shall not be granted on the ground of misdirection or the improper admission or rejection of evidence, unless in the opinion of the Court to which the application...
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The Proceedings in an Action in the Queen's Bench, Common Pleas, and ...

Samuel Prentice - Civil procedure - 1877 - 358 pages
...cases will be granted. By 0. 39, r. 3, a new trial shall not be granted on either of these grounds, unless in the opinion of the court to which the application...miscarriage has been thereby occasioned in the trial of the action ; and if it ap- CH. XXIII. pear to such court that such wrong or miscarriage affects...
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