Illinois Law Review Volume 8

Illinois Law Review Volume 8

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...Life I1i.r. Ca. Rugg, C. J., who wrote thfi _Pinion of the Massachusetts court, got a near-hold on the point those EH8' hsh precedents are founded on the consent of parties, but the opinion Slides '@1' the Point thus: "This practice perhaps rested in many fwslances on consent," citing 2 Tidd's Practice, 898, where the author tells about "a special case, stated by counsel on both sides." _ While studying English cases with reference to practice and procedflffii it must ever be kept in mind the English court in bane disposed finally of 3 lot of work that falls on our courts of error or appeal; and that the bill of exceptions, though authorized by statute in 1285, never was used very ml1_centsl'l in Erigland, especially after the introduction of the motion for a new trial and its extension iii 1665 to the case of a false verdict. Chitty, 3 Gen. Pr.. lst A_mei_'. Ed., 914, note a, speaks of the bill of exceptions as "this admirablfi constitutional remedy" for an arbitrary trial judge having overwhelming 1_"' fluence in his own court in bl17lE on the motion for a new trial. Ordinarily the court Hl bani: would not pass on a point raised by bill of excepti0fl5; it went direct to the court of error or appeal. The bill of exceptions "'9-5 abolished in the English procedural reforms of 1873-5. 5 Encyc. of the Laws arated the inseparable; they detached the Pennsylvania reservedquestion or n. 0. 11. procedural device from the undetachable Pennsylvania rule regulating the exercise of judicial power to direct a verdict, and attached the Pennsylvania procedural device to the federal rule regulating the exercise of federal judicial power to direct a verdict; and they employed the Pennsylvani
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Product details

  • Paperback | 348 pages
  • 189 x 246 x 18mm | 621g
  • United States
  • English
  • black & white illustrations
  • 1236837398
  • 9781236837394