 | New South Wales. Supreme Court - Law reports, digests, etc - 1890 - 874 pages
...English Judicature Act of 1875 " a new trial will not be granted in any civil action 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." There is no such provision applicable to criminal trials, so that in England... | |
 | Thomas Brett - English law - 1891 - 822 pages
...following important provisions of the Judicature Rules with regard to granting new trials ( 3 ). " A new trial shall not be granted on the ground of...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 trinl was not... | |
 | John Jane Smith Wharton - Law - 1892 - 806 pages
...otherwise would have been. It is expressly provided by the Rules of the Supreme Court, however, that a new trial ' shall not be granted on the ground of...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... | |
 | Sir Hugh Fraser - Libel and slander - 1893 - 324 pages
...not exercised a reasonable discretion (n). NOTE.—The Court will not, however, grant a new trial " 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... | |
 | Harry Clay Underhill - Evidence (Law) - 1894 - 908 pages
...Williams v. United States, 137 US 113. "A new trial will not be granted in any civil action 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." Stephen's Dig., art. 143. 554: production of new evidence by the defeated... | |
 | Sir Hugh Fraser - Forms (Law) - 1897 - 362 pages
...exercised a reasonable discretion (p). NOTE.— By Ord. XXXIX., Rule 6, of the Rules of the Supreme Court, 1883, " a new trial shall not be granted on the ground...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... | |
 | John Mews - Courts - 1898 - 898 pages
...separate question. Campbell v. Loader, infra. 9. Improper Rejection of Evidence. By Ord. XXXIX. r. 6, " A new trial shall not be granted on the ground of...substantial wrong or miscarriage has been thereby occasioned in the trial." Where, therefore, in an action against a solicitor for negligence, founded on the breach... | |
 | James Bradley Thayer - Evidence (Law) - 1898 - 680 pages
...liberal and elastic rules of English procedure now, see 'Wilson, Judicature Acts ; for example, this: "A new trial shall not be granted on the ground of...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... | |
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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... 
