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" Judge at the trial ^as 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... "
A Preliminary Treatise on Evidence at the Common Law - Página 238
por James Bradley Thayer - 1898 - 636 páginas
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The Ontario Law Reports: Cases Determined in the Court of Appeal ..., Volume 38

1917 - 752 páginas
...granted, in face of the provision contained hi the Judicature Act, RSO 1914, ch. 56, sec. 28, that a new trial shall not be granted on the ground of misdirection, etc., unless some substantial wrong has been thereby occasioned; hi arriving at an opinion on this...
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The Atlantic Monthly, Volume 104

1909 - 872 páginas
...technical error he may make, because the English law binding upon the appeal courts expressly provides: "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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Report of the ... Annual Meeting of the American Bar Association, Volumes 30-31

American Bar Association - 1907 - 1246 páginas
...the Supreme Court, order 39, rule 6, amended as follows, under a Rule of Court adopted in 1883 : " 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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Cases and Other Materials on Judicial Remedies: From the Forms of Actions ...

Austin Wakeman Scott, Sidney Post Simpson - 1946 - 998 páginas
...1875 by 38 & 39 Viet. c. 77, First Schedule, Order xxxix, Rule 3, which provided in part as follows : "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 Times Reports: Containing All the Cases Argued and ..., Volume 73

1896 - 842 páginas
...there must be a new trial, because sect. 428 of the Jamaica Civil Code (Law 40 of 1888) enacts that " a new trial shall not be granted on the ground of...because the verdict of the jury was not taken upon a point which the judge at the trial was not asked to leave to them, unless in the opinion of the court...
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The Law Times Reports: Containing All the Cases Argued and ..., Volume 120

1919 - 734 páginas
...distinctly to the same effect is the rule of the Supreme Court, Order XXXIX., r. 6 — namely, that " a new trial shall not be granted on the ground of misdirection . . . unless in the opinion of the Court of Appeal some substantial wrong or miscarriage has been thereby...
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The Law Journal Reports, Volume 63

1894 - 850 páginas
...their negligence. By Order XXXIX. rule 6 of the Rules of the Supreme Court, 1883, a new trial is not to be granted on the ground of misdirection, or of the improper admission or rejection of evidence, unless some substantial wrong or miscarriage has been thereby occasioned in the trial. This consideration...
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The Victorian Law Reports, Volume 17

Victoria. Supreme Court - 1892 - 848 páginas
...that Order XXXIX, r. 6, was meant to meet a case of 'his description. This rule provides — "Anew trial shall not be granted on the ground of misdirection, or of improper •towaon or rejection of evidence, or because the verdict of the jury WHS not taken V «...
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Proceedings ..., Volume 30

New York State Bar Association - 1907 - 582 páginas
...a rule of Court was adopted in 1883, under the authority of the Judicature Act of 1875. as follows: "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 Acts of the Parliament of Tasmania, Volume 17

Tasmania - 1904 - 676 páginas
...notice of motion. (8.) A new trial shall not be granted on the grounds of misdirection, Ground for or of the improper admission or rejection of evidence, or because the granting new verdict of the jury was not taken upon a question which the Judge at tna'the trial was...
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