 | California. Supreme Court - 1913 - 1034 páginas
...Co. v. Hargrove, 6, 384. Under Code of Civil Procedure, sections 656, 657, defining a new trial as "a re-examination of an issue of fact in the same court after a trial and decision," the supreme court, on appeal from an order denying a motion for a new trial, may review questions as... | |
 | 1914 - 804 páginas
...new trial is in the sound discretion of the court. — Hall v. Jensen, 14 Idaho, 165, 93 Рас. 962. A new trial is a re-examination of an issue of fact in the same court after a trial and decision by the court or jury, or referees. — Caldwell v. Wells, 16 Idaho, 459, 101 Рас. 812. The granting... | |
 | California - 1915 - 1356 páginas
...663a. Notice of intention to move for new trial. Time for making motion. § 656. New trial denned. A new trial is a re-examination of an issue of fact...court after a trial and decision by a jury, court, or referee. [Amendment approved 1907; State. 1907, p. 717.] Legislation § 656. 1. Enacted March 11, 1872;... | |
 | California - 1915 - 1528 páginas
...663a. Notice of Intention to move. When to be given, and what to contain. § 656. NEW TRIAL DEFINED. A new trial is a re-examination of an issue of fact...court after a trial and decision by a jury, court, or referee. Hlntory: Knacted March 11, 1872, re-enactment of § 192 Practice Act; amended by Code Commission,... | |
 | James Gustave Scarborough - 1915 - 268 páginas
...Court. 165 Cal. 372; 3 Cal. App. 158; 74 Cal. 343 ; 88 Cal. 557 ; 127 Cal. 45 ; CCP 657. 663. 458. A new trial is a re-examination of an issue of fact...Court after a trial and decision by a jury, Court, or Referee. 162 Cal. 406; 29 Cyc. 720. Such new trial can be had only — 1. When a trial has been had... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1915 - 718 páginas
...the judgment one granting a new trial, for the reason that, in the language of Section 173, L. 0. L., a "new trial" is a re-examination of an issue of fact in the same court after judgment. The examination of the issue of fact in this case was abortive and was never completed; hence... | |
 | Puerto Rico. Supreme Court - 1916 - 958 páginas
...section 656 of the code of California and to section 3523 of the codes of Idaho, reads as follows : "A new trial is a re-examination of an issue of fact...in the same court after a trial and decision by a court or referee." According to the letter of the said statute, it appears to us entirely clear that... | |
 | California. District Courts of Appeal - 1916 - 934 páginas
...remedying a fault in the pleadings or an error in granting relief not warranted by the pleadings. (Id.) "A new trial is a re-examination of an issue of fact in the same court after a trial and decision." (Code Civ. Proc., sec. 656.) "The question whether the judgment is authorized by the pleadings or findings... | |
 | Thomas Johnson Michie - 1917 - 1144 páginas
...ERROR. I. NATURE AND SCOPE OF REMEDY. § 1. Nature and Scope of Remedy. "A 'new trial' is defined to be a 'reexamination of an issue of fact in the same court after a trial and decision by a jury or court or by referees.' " Truss v. Birmingham, etc., R. Co., 96 Ala. 316, 11 So. 454, 455. § 2,... | |
 | William Mark McKinney - 1918 - 1266 páginas
...or disprove misconduct or other prejudicial matter in impeachment of a verdict.7 2. Definition. — A new trial is a re-examination of an issue of fact in the same court after a trial.8 Accordingly, when there has been no trial of the cause upon issues of fact, a motion for a... | |
| |
A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referees... 
