A Treatise on the Practice of the Supreme Court of Judicature of the State of New-York in Civil Actions (Paperback)

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. 1794 edition. Excerpt: ...be more or less so, it must go, to the jury, who are to give it its proper weight, and take cognizance of its sufficiency; and, if the court disallow or refuse it, the counsel introducing such evidence, may tender a bill of exceptions against such supposed erroneous direction, or decision of the court, in which bill the sact must be truly stated: 2. so where evidence is not pertinent, i. e. illegal, the adverse party may, in like manner, object against its introduction; and, if the court notwithstanding, suffer it to be given in eyir dence, a bill of exceptions may be tendered, and; ought to be allowed in all actions; but it must be tendered sedente curix, at the trial, and before the jury have given their verdict: it may, however, be sealed at any time before judgmefit. If the verdict pass against the party who prefers the bill, his way is to bring a writ of error, aster judgment in the court below; and, if the court below have erred, the judgment will be reversed. After the plaintiff, or defendant, has gone through his evidence, and the adverse party conceive the proof insufficient in law to find the verdict on the issue joined, there may be a demurrer to the whole evidence, which admits the truth of every sact alleged, but denies their sufficiency in point of law. Upon demurrer to evidence, the other must join therein, or waive the evidence. But, if there be not reasonable matter to ground the demurrer upon, the court will over-rule it, and not force the other party to join in it. If allowed, the usual course is to discharge the jury; and, when the demurrer is determined, if in favor of the plaintiff, in an action on the case, a writ of inquiry shall issue; but, in debt, the judgment is final. A jury may, notwithstanding a demurrer to...