A Brief for the Trial of Civil Issues Before a JuryDiossy & Company, 1885 - 201 páginas |
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... Defendant's motion to dismiss com- plaint for insufficiency .... several defendants PAGE . 24 25 25 7. Defendant's motion to dismiss be- cause of admitted defense ... ......... . 8. Plaintiff's motion for judgment for insufficiency of ...
... Defendant's motion to dismiss com- plaint for insufficiency .... several defendants PAGE . 24 25 25 7. Defendant's motion to dismiss be- cause of admitted defense ... ......... . 8. Plaintiff's motion for judgment for insufficiency of ...
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... Defendant's right of reply .... # 44 10. Cross - examination at large 47 11. Several defendants ...... 47 44 12. Counterclaim ... 47 - 6. precluding offer by admitting 13. Re - opening .. 48 45 .... 5. Receiving conditionally on promise ...
... Defendant's right of reply .... # 44 10. Cross - examination at large 47 11. Several defendants ...... 47 44 12. Counterclaim ... 47 - 6. precluding offer by admitting 13. Re - opening .. 48 45 .... 5. Receiving conditionally on promise ...
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... Defendant's motion , -when ........ 119 5. - after strict cross - examination ... 120 6. after full cross - examination . Affirmative testimony met only by negative .... 128 21 . 120 Positive met only by a conclusion of law 128 7. after ...
... Defendant's motion , -when ........ 119 5. - after strict cross - examination ... 120 6. after full cross - examination . Affirmative testimony met only by negative .... 128 21 . 120 Positive met only by a conclusion of law 128 7. after ...
Página 10
... defendant's application for postponement is not made in good faith , and is groundless . Weed vs. Lee , 50 Barb . , 354 . Especially where there is suspicion of fraud or imposition . Cushenberry vs. McMurray , 27 Kans . , 328 . But in ...
... defendant's application for postponement is not made in good faith , and is groundless . Weed vs. Lee , 50 Barb . , 354 . Especially where there is suspicion of fraud or imposition . Cushenberry vs. McMurray , 27 Kans . , 328 . But in ...
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... . Dec. , 267. So held even where defendant wished to call plaintiff . S. P. , Holbrook vs. Wilson , 4 Bosw . , 64 , 72 . 3 Howard vs. Freeman , 3 Abb . Pr . 12 ABBOTT'S TRIAL BRIEF . I. APPLICATIONS TO POSTPONE . Remedy for refusal.
... . Dec. , 267. So held even where defendant wished to call plaintiff . S. P. , Holbrook vs. Wilson , 4 Bosw . , 64 , 72 . 3 Howard vs. Freeman , 3 Abb . Pr . 12 ABBOTT'S TRIAL BRIEF . I. APPLICATIONS TO POSTPONE . Remedy for refusal.
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Términos y frases comunes
19 Northw 23 Northw absence admission adverse party aff'g affidavit allegation application AUSTIN ABBOTT Bank Barb cause of action common law competent compulsory nonsuit consent counsel cross-examination Daly defendant defendant's demurrer to evidence dence dict direct a verdict discharged discretion document entitled error to allow error to refuse exception further instructions ground held error held no error incompetent evidence instruct the jury Iowa judge judgment juror jury to take Kans Mass matter of right Metropolitan Nat Misjoinder motion N. Y. Central R. R. N. Y. Code Civ Nebr objection Ohio St opinion Otto Penn peremptory challenges plaintiff pleading poll presumption proof proper proved request require rev'g rule sealed verdict Smith special questions special verdict statute Super Supm taken testify testimony Thomp tion Town of Thorp trial unless Weekly Dig Wend Wisc witness
Pasajes populares
Página 110 - ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Página 104 - That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Página 124 - ... before the evidence is left to the jury, there is or may be in every case a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the burden of proof is imposed.
Página 75 - When it is necessary to prove the results of voluminous facts, or of the examination of many books and papers, and the examination cannot be conveniently made in court, the results may be proved by the person who made the examination.
Página 165 - They may also take with them the written instructions given, and notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken- by any other person.
Página 151 - It is that it appears to me to have been lost sight of that it is a rule of presumption that ordinarily a witness who testifies to an affirmative is to be credited in preference to one who testifies to a negative...
Página 103 - the mode of proof in the trial of actions at common law shall be by oral testimony and examination of witnesses in open court, except as hereinafter provided," and has then made special provisions for taking depositions.
Página 91 - Where fraud in the purchase or sale of property is in issue, evidence of other frauds of like character committed by the same parties, at or near the same time, is admissible.
Página 91 - Wherever the bodily or mental feelings of an individual are material to be proved, the usual expressions of such feelings are original and competent evidence.
Página 131 - It is the settled law of this court that, when the evidence given at the trial, with all the inferences which the jury could justifiably draw from it, is insufficient to support a verdict for the plaintiff, so that such a verdict, if returned, must be set aside, the court is not bound to submit the case to the jury, but may direct a verdict for the defendant.