 | Sir George Osborne Morgan, Edward Albert Wurtzburg - 1885 - 804 pages
...by leave of the Court or a judge on such terms as the Court or judge may think just. Grounds for 6. A new trial shall not be granted on the ground of misdirection fF?v 8 new or of the improper admission or rejection of evidence, or because the verdict of the jury... | |
 | Richard Austen Dale - 1887 - 534 pages
...application, the Judge may well act in accordance with the spirit of SC r. 6, of 0. 39, which provides that a new trial shall not be granted on the ground of...of the improper admission or rejection of evidence, or because the verdict of the jury was not taken upon a question which the Judge at the trial was not... | |
 | Ontario. High Court of Justice - 1887 - 900 pages
...Judicature Act applies and prohibits the granting of a new trial, as I cannot say that, in my opinion, any substantial wrong or miscarriage has been thereby occasioned in the trial of the action. I am not aware that the effect of not giving a copy of the demand, and of all the costs and charges... | |
 | John Pitt Taylor - 1887 - 1034 pages
...which he was not asked to leave to them, the court will not grant a new trial, unless in its opinion " some substantial wrong or miscarriage has been thereby occasioned in the trial; and rf it appear to such court that such wrong or miscarriage affects part only of the matter in controversy,... | |
 | 1889 - 840 pages
...received. See AttorneyGeneral v. Hitchcock, 1 Ex. 91. trial that evidence was improperly received, " unless, in the opinion of the Court to which the application...been thereby occasioned in the trial of the action";* but we think, having regard to the whole case, and to the charge of the learned Judge adverting to... | |
 | John Jane Smith Wharton, John Mounteney Lely - 1889 - 800 pages
...been. An objection to the admissibility of evidence should be made when the evidence is tendered. ' A new trial shall not be granted on the ground of...of the improper admission or rejection of evidence, or because the verdict of the jury was not taken upon a question which the judge at the trial was not... | |
 | New South Wales. Supreme Court - 1890 - 874 pages
...English Judicature Act of 1875 " a new trial will not be granted in any civil action on the ground of the improper admission or rejection of evidence,...been thereby occasioned in the trial of the action." There is no such provision applicable to criminal trials, so that in England they have applied to civil... | |
 | Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1890 - 652 pages
...derive no benefit from such a course. Under the statute'the Court should not interfere on the ground of admission or rejection of evidence " unless in the opinion of the Court * * some substantial wrong or miscarriage has been thereby occasioned in the trial of the action."... | |
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Judge at the trial was not asked to leave to them, unless in the opinion of the Court to which the application is made some substantial wrong or miscarriage has been thereby occasioned in the trial... 
