A Treatise on Appellate Procedure and Trial Practice Incident to AppealsBowen-Merrill, 1892 - 873 pages |
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Other editions - View all
A Treatise on Appellate Procedure and Trial Practice Incident to Appeals ... Byron K. Elliott No preview available - 2017 |
TREATISE ON APPELLATE PROCEDUR Byron K. 1835-1913 Elliott,William F. (William Frederick) Elliott No preview available - 2016 |
Common terms and phrases
9 Ind affidavit affirm amendment amount in controversy appeal bond appeal in term appeal will lie Appellate Court appellate jurisdiction appellate tribunal appellee application asserted assignment of errors authority Bank bill of exceptions Blackf cause certiorari cited civil actions Clark co-parties common law conclusion constitutional controversy Davis decision declared decree defective defendant demurrer doctrine effect entry essential evidence facts filed final judgment held interlocutory orders Iowa issue joinder Jones judg jury matters ment Miller Minn mode N. E. Rep notice nunc pro tunc object Ohio St peal person pleadings presented principle procedure proceedings proper prosecute an appeal questions of law reason record referred right of appeal rule Smith specific statement statutory provisions stay of proceedings supersedeas Supreme Court sureties taken tion transcript trial court waived waiver Wall writ
Popular passages
Page 804 - ... our heirs, executors, administrators and assigns, jointly and severally, firmly by these presents.
Page 538 - The inviolability of the person is as much invaded by a compulsory stripping and exposure as by a blow. To compel any one, and especially a woman to lay bare the body, or to submit it to the touch of a stranger, without lawful authority, is an indignity, an assault and a trespass...
Page 588 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.
Page 657 - The presumption should not be indulged that the jury were too ignorant to comprehend, or were too unmindful of their duty to respect, instructions as to matters peculiarly within the province of the court to determine. It should rather be, so far as this court is concerned, that the jury were influenced in their verdict only by legal evidence. Any other rule would make it necessary in every trial, where an error in the admission of proof is committed, of which error the court becomes aware before...
Page 538 - No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.
Page 431 - In every well constituted government, the highest judicial authority must necessarily have a supervisory power over all inferior or subordinate tribunals, magistrates, and all others exercising public authority. If they commit errors, it will correct them. If they refuse to perform their duty, it will compel them. In the former case by writ of error, in the latter by mandamus.
Page 186 - And any attempt, by a mere colorable dispute, to obtain the opinion of the court upon a question of law which a party desires to know for his own interest or his own purposes, when there is no real and substantial controversy between those who appear as adverse parties to the suit, is an abuse which courts of justice have always reprehended, and treated as a punishable contempt of court.
Page 728 - We must consider objections of this character as vague and nugatory, and, if entitled to weight anywhere, certainly as without weight before an appellate court.
Page 497 - US 429, a decree is final, for the purposes of an appeal to this court, when it terminates the litigation between the parties on the merits of the case, and leaves nothing to be done but to enforce by execution what has been determined.
Page 538 - ... compulsory stripping and exposure as by a blow. To compel any one, and especially a woman, to lay bare the body, or to submit it to the touch of a stranger, without lawful authority, is an indignity, an assault and a trespass ; and no order or process, commanding such an exposure or submission, was ever known to the common law in the administration of justice between individuals, except in a very small number of cases, based upon special reasons, and upon ancient practice, coming down from ruder...