A Digest of the Law Insurance; Being an Analysis of Fire, Marine, Life and Accident Insurance Cases, Adjudicated in the Courts of the United States, England, Canada, Ireland and Scotland - Including the Cases Relating to Insurance in (Paperback)

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. 1888 edition. Excerpt: ...in parts of the charge are cured by the whole of it they do not afford ground for a new trial. Petersburg Savings & I ns. Co. 1: . Manhattan Fire I 'rm. Co., 66 Ga.. 446; Merchants' & Mechanics' Ins. C0. v. Vining, 67 id., 661. 53. N0 exceptions. Unless exceptions are taken to some ruling, or decision or the judgment, a new trial will not be granted. Republic Life Im. Co. v. Beaty, 71 Ga., 160; German Fire I ns. Co. 1: . Gerber, 4 Bradw. (Ill.), 222. 54. Slight errors. If the verdict is clearly right slight errors in giving or refusing instructions will not warrant a new trial. Pliemlr I na. Co. v. La Points. 17 Bradw. (Ill.), 248; llIassa(-husetts Mutual Life I ns. C0. '0. Robinson, 98 Ill., 324. III. GENERALLY. 55. Plaintiff had a verdict for more than she was entitled to. The court granted a new trial unless she remitted a part. This was voluntarily done, plaintiff reserving the right to a bill of exceptions. Held, that she must either refuse to write off part of the verdict, and take the whole case to the appellate court for review, or acquiesce in the judgment and take what it gave her. Sparks v. 'Etna I ns. Co., 62 Ga., 198. 66. After overruling a motion for judgment upon special findings, notwithstanding the general verdict, a motion for a new trial is proper if it is filed within three days after verdict is returned. Stone v. Hawkeye I ms. Co., 68 Iowa, 737. 57. If a motion for a new trial is made in apt time it does not fall because of the adjournment of the court for the term without hearing it. It may be heard at the next term. Mound City Mutual Life Ins. Co. v. T-wining, 19 Kan., 349. 58. The only ofiice of a motion for a new trial and hill of exceptions is to bring into the record matters for...