 | 1882 - 486 pages
...she denies it, she probably may be contradicted. 10. In a civil case a new trial will be granted, if, in the opinion of the court to which the application is made, some substantial wrong or miscarriage of justice was occasioned by the improper admission or rejection of evidence. In criminal cases there... | |
 | Ontario. High Court of Justice - Law reports, digests, etc - 1882 - 706 pages
...the verdict. It seems a case that we may consider as coming within the 289th sec. of the 0. LP Act: " A new trial shall not be granted on the ground of misdirection * * * unless, in the opinion of the Court, some substantial wrong or miscarriage has been thereby occasioned... | |
 | John Bouvier - Law - 1883 - 876 pages
...this respect will avoid the verdict. In England, under the Judicature Act of 1875, a new trial will not be granted on the ground of misdirection or of...substantial wrong or miscarriage has been thereby occasioned in the trial of the action ; and if it appear that such wrong or miscarriage affects part only of the... | |
 | William Mawdesley Best - Cross-examination - 1883 - 836 pages
...Eules of the Supreme Court, which prescribe that " a new trial shall not be granted, on the ground of the improper admission or rejection of evidence,...substantial wrong or miscarriage has been thereby occasioned in the trial of the action." And if a jury misconduct themselves so as to defeat justice, as, for instance,... | |
 | Augustine Robert Whiteway - Procedure - 1883 - 904 pages
...jury ICON not taken upon a question which the jtuli/e at the trial was not a&kixl to leave to them, unless in the opinion of the Court to which the application...substantial wrong or miscarriage has been thereby occasioned in the trial ; and if it appear to such Court that such wrong or miscarriage affects part only of the... | |
 | Alabama State Bar Association - Bar associations - 1912 - 356 pages
...improper admission or rejection of evidence, or for error as to any matter of pleading or procedure, unless, in the opinion of the court to which the application is made, after an examination of the entire cause, it shall affirmatively appear that the error complained of... | |
 | Nova Scotia - Court rules - 1884 - 794 pages
...the jury was not taken upon я question which the Judge at the trial was not asked to leave to them, unless in the opinion of the Court to which the application...substantial wrong or miscarriage has been thereby occasioned in the trial ; and if it appear to such Court that such wrong or miscarriage affects part only of the... | |
 | Richard Hallilay - Equity pleading and procedure - 1884 - 358 pages
...computation of the time of serving the notice. (a) As to the grounds of the motion : a new trial is not to he granted on the ground of misdirection, or of the improper admission or rejection of evidence, or because the verdict of the jury was not taken upon a question which the judge at the trial was not... | |
 | Law reports, digests, etc - 1915 - 1246 pages
...Okl. 1910, provides that no judgment shall be set aside on the ground of misdirection of the jury, or the improper admission or rejection of evidence, unless in the opinion of the Supreme Court, after an examination of the entire record, it appears that the error complained of has... | |
 | Thomas Snow - Equity pleading and procedure - 1885 - 346 pages
...terms as the Court or ViceChancellor may think just. (New.) Corresponds lo C). 39, r. 5 (555). 47. A new trial shall not be granted on the ground of...rejection of evidence, unless in the opinion of the Vice-Chancellor some substantial wrong or miscarriage has been thereby occasioned in the trial ; and... | |
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Judge at the trial was not asked to leave to them, 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... 
