 | Virginia. Special Court of Appeals, Roscoe Briggs Heath - 1856 - 512 páginas
...the only question about which there can he any serious difficulty. It is the one taken to the opinion of the court, in over-ruling the defendant's motion for a new trial. The suit was brought by the first endorsee of a protested bill of exchange, to recover the amount of... | |
 | West Virginia. Supreme Court of Appeals, Edgar P. Rucker - 1876 - 806 páginas
...presented by bill of exceptions number one ; and bill of exceptions number two is taken to the judgment of the court in overruling the defendant's motion for a new trial. The bill does not profess to state all the evidence or facts proven before the jury. And I have already... | |
 | 1918 - 1218 páginas
...have been made during the trial. 4. CRIMINAL LAW <§=»1129(3)— REVIEW — ASSIGNMENT OF ERRORS. An assignment of error based upon the action of the court in overruling the challenge for cause to any juror cannot avail on appeal unless the record affirmatively shows that... | |
 | 1918 - 1214 páginas
...Рас. 364, this day decided. The only question which we deem it necessary to consider is that raised by the assignment of error based upon the action of the court In refusing to give, without modification, instruction D2, which reads as follows: "You are further instructed... | |
 | 1897 - 1218 páginas
...on said last-mentioned date taken up and considered by the court, and by the court overruled. To the action of the court In overruling the defendant's motion for a new trial, the defendant at the time except1 ed. And on said last-mentioned date defendant filed his motion In... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1889 - 690 páginas
...the plaintiff below for $1,502.12, and the sole question here relates to the propriety of the ruling of the court in overruling the defendant's motion for a new trial. It is well to observe that contracts made by persons in the helplessness of misfortune and distress,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1893 - 688 páginas
...defendant for a judgment on the answers to interrogatories, notwithstanding the general verdict. The action of the court in overruling the defendant's motion for a new trial is also assigned as error. The only cause for a new trial, not embraced within the discussion in the foregoing... | |
 | 1897 - 1252 páginas
...on said last-mentioned date taken up and considered by the court, and by the court overruled. To the action of the court In overruling the defendant's motion for a new trial, the defendant at the time excnpted. And on said last-mentioned date defendant filed his motion in arrest... | |
 | Indiana. Appellate Court - 1898 - 806 páginas
...an insufficient complaint, and the sufficiency of the complaint cannot be considered on appeal on an assignment of error based upon the action of the court in overruling such demurrer, pp. 517-519. SAME.— Dilatory Pleas.— A plea in abatement is a dilatory plea, and... | |
 | Thomas Johnson Michie - 1900 - 814 páginas
...was amended, in no manner appears in the r3cord, therefore no question is presented for review upon the assignment of error based upon the action of the court in overruling the demurrer to the complaint, or that the latter City of Huntington v. Folk does not state facts sufficient... | |
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The assignment of error based upon the action of the court in overruling the defendant's motion for a new trial... 
