The Northwestern Reporter Volume 22

The Northwestern Reporter Volume 22

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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. 1885 edition. Excerpt: ... 8. Misconduct Of Counsel.--"Where a party at the trial is prevented from having a fair trial, or if any of his rights at issue in the trial are prejudiced by the mis-conduct of his adversary's counsel, either by repealed or persistent offers of in-competent or irrelevant testimony, containing insinuations and charges prej-udicial to him, or by slanderous statements made in addressing the jury, or if such misconduct prompted or influenced the jury to render a verdict not war-ranted by the evidence, or which they presumably would or could not reason-ably have rendered had there been no such misconduct, a new trial should be granted. Burdick v. llaggart, 589. 4. Error In Admitting Or Rejecting Testimony.--Error in excluding legal evi-dence, or in admitting illegal evidence, will not be ground for reversal or for a new trial, unless it appears that such admission or rejection of evidence was prejudicial to the party complaining. Id. B. New Trial Refused.--Order of district court refusing a new trial affirmed. Id. Church, J., dissenting. 6. Admission Of Evidence.--Rule applied that irrelevant evidence clearly not af-fecting the result affords no ground for a new trial. Wass v. Attcaler, S. 7. Verdict Against Evidence.--Where a verdict is against the clear weight of evidence, so that it cannot be sustained on any principle of right or justice, it is the duty of the court to set it aside. Clark v. Oell, 562. 8. Same--Scintilla Of Evidence.--Questions of fact, and upon conflicting testi-mony, are to be decided by the trial jury, and a verdict will not be set aside on the ground of a want of sufficient evidence to support it, unless the want is so great as to show that the verdict is manifestly wrong. Sycamore, etc., Co. v. Grundrad, 16 Neb.;S. C. 20 N....show more

Product details

  • Paperback | 674 pages
  • 189 x 246 x 34mm | 1,184g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236655826
  • 9781236655820