This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1834 Excerpt: ...his daughter, whereby he lost her service, large damages had been often given, he thought this case bore an analogy to that; and that the jury had a right to give such damages as they thought just. Verdict for the plaintiff, and motion for a new trial, on the ground of misdirection. Ashhurst, J.--"An application for a ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1834 Excerpt: ...his daughter, whereby he lost her service, large damages had been often given, he thought this case bore an analogy to that; and that the jury had a right to give such damages as they thought just. Verdict for the plaintiff, and motion for a new trial, on the ground of misdirection. Ashhurst, J.--"An application for a new trial, is an application to the discretion of the court, who ought to exercise that discretion in such a manner as will best answer the ends of justice. It does not require much penetration to see what are the ends of justice, in the present case. It is certain that the girl herself ought to have some satisfaction for the injury she received; and as she consents not to try her action, the question is whether justice has not already been done; for it was admitted at the bar, that if the injury she sustained could be taken into consideration, in this action brought by the aunt, the damages which the jury have given are by no means excessive. Then there does not appear to be any ground for the defendant to call on the discretion of the court to send this cause down to be re-tried, on a technical objection in point of law. And all the judges are unanimously of opinion, that, as complete and substantial justice has been done, there is no reason to grant a new trial." (1) 2 Term Rep. 4. So in Cox v. Kitchin.() Assumpsit. Plea general issue. It appeared at the trial, that the work was done for the defendant, living separate and apart from her husband, and in a state of adultery. The judge directed the jury, in case they should be of opinion that the defendant was living in a state of open adultery, at the time of the contract made, to find a verdict for the plaintiff; for as the husband, under those circumstances, would not then be liab...
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Add this copy of An essay on new trials. to cart. $28.30, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2010 by Gale, Making of Modern Law.
Add this copy of An Essay on New Trials to cart. $71.19, good condition, Sold by Bonita rated 4.0 out of 5 stars, ships from Newport Coast, CA, UNITED STATES, published 2015 by Palala Press.
