Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Volume 2

William Mark McKinney, Burdett Alberto Rich

Edward Thompson Company, 1914 - Law

Preview this book »

Selected pages

Title Page

Table of Contents

Index

In General	30

Review	34

Plaintiffs in Error or Appellants	49

Defendants in Error or Appellees	50

Intervention or Substitution of Parties	51

General Rule NECESSITY FOR RAISING QUESTION BELOW	52

Instructions and Conclusions of	53

Evidence	54

Necessity for Argument of Points	153

Scope of Review Generally	154

Review at Instance of Appellee	155

Theory of Case Below	156

Inconsistent Findings	157

Appeal from State Court to Federal Supreme Court	158

Appeal from Interlocutory Order or Decree	159

Appeal from Final Judgment or Decree	160

Theory of Case	55

Variance	56

Damages	57

Illegality of Contract	58

Errors Prejudicial to Infants	59

Clerical Error in Entry of Judgment	60

Parties	61

Submission of or Refusal to Submit Issue	62

Sufficiency of Pleadings in General	63

Sufficiency of Indictment	64

Jurisdiction 66 Necessity for Ruling by Trial Court	66

The Objection	67

Necessity and Purpose of Exception	68

Form and Particularity of Exception	69

Time of Taking Exceptions	70

Waiver of Exception or Objection	71

Motion for New Trial	72

Compliance with Statutory Requirements in General	73

Petition for and Allowance of Writ of Error	74

The Writ Service and Citation in General	75

Amendment of Writ	76

Application for and Allowance of Appeal	77

Affidavit of Good Faith of Appellant	78

Review of Separate Causes on Single Appeal or Writ of Error	79

In General LIMITATIONS AS TO TIME	80

Computation of Time in General	81

Necessity for Entry of Judgment and Notice	82

Effect of Pendency of Motion for New Trial or Rehearing	83

Form of Notice	85

Parties Entitled to Notice	86

Service and Waiver of Notice	87

In General	88

Amount of Bond	89

Parties to Bond in General	90

Sureties	91

Amendment of Bond or Filing New Bond	92

Waiver of Bond or Defects Therein	93

Effect upon Judgment or Decree	94

Effect upon Jurisdiction of Trial Court	95

Effect as General Appearance	96

Effect as Supersedeas in General	97

Supersedeas Bond	98

Matters Considered Part of Judgment Roll Generally	99

Pleadings	100

Matters Not Considered Part of Judgment Roll Generally	101

Motions	102

Evidence	103

Opinion of Trial Court	104

Bill of Exceptions	105

Matters Included by Clerk	106

In General	107

Allowance of Bill	120

Attached Papers and Exhibits	121

General Construction of Bill	122

Correction of Bill	123

Substitutes for Bill	124

In General	125

Time for Filing	126

Authentication	127

Conflicts	128

Conclusiveness	129

Correction	130

REVIEW AS AFFECTED BY STATE OF RECORD	131

Reporters Transcript of Evidence	132

Admission and Exclusion of Evidence	133

Necessity for Assignment	134

Weight and Sufficiency of Evidence	135

Assignment Relating to Instructions	136

Assignment Relating to Evidence	137

Instructions	138

Remarks of Counsel 112 Taking of Exception	139

THE BILL OF EXCEPTIONS 113 In General	140

Time of Assigning Error	141

Skeleton Bill 115 General Sufficiency of Bill	142

Signing and Sealing Bill	143

Time of Filing or Signing Bill	144

Change in Circumstances Pending Appeal	145

Identification and Authentication of Bill 119 Service and Notice of Bill	146

Hearing in General	147

Rehearing in General	148

Grounds for Rehearing	149

Limitations as to Time	150

In General	151

Contents in General	152

Appeal from Order Denying or Granting New Trial	161

Appeal from Orders Subsequent to Judgment	162

In General	163

Demurrer	164

New Trial GROUNDS OF DECISION OF LOWER COURT	165

In General	166

Verdicts Generally	167

Directed Verdicts	168

Successive Verdicts	169

Assessment of Unliquidated Damages	170

Verdict Contrary to Natural or Scientific Principles	171

Findings by Trial Court in General	172

Particular Considerations in Review of Findings	173

Findings by Intermediate Appellate Court	174

Findings of Referee or Master	175

In General REVIEW OF DISCRETIONARY ACTION	176

Amount of and Suspension of Sentence	177

Change of Venue	178

Opening Default	179

Reception of Evidence	180

Confirmation of Judicial Sales	181

New Trial	182

Other Instances	183

In General	184

Jurisdiction	185

Proceedings in Court Below	186

In General SUCCESSIVE APPEALS LAW OF THE CASE	187

Limitation of General Rule	188

Jurisdiction	189

Pleadings	190

Evidence	191

Questions Involved but Not Decided Dicta	192

Change of Court or Personnel of Court 194 Appeal to Intermediate Court XIII Reversible Error IN GENERAL	193

Rule Stated	195

Presumption as to Effect of Error	196

Favorable Error	197

Resentence in Criminal Case	225

General Effect of Reversal as to Third Persons	226

Loss of Title by Reversal in General	227

Purchase Through Plaintiff Under Judicial Sale	228

Purchase by Third Person at Judicial Sale	229

Affirmance	230

Modification in General	231

Reduction of Amount of Recovery in General	232

Unliquidated Damages	233

Increasing Amount of Recovery	234

In General	235

Facts Undisputed	236

Insufficiency of Evidence	237

Equity Appeals	238

Invited Error	239

New Trial in General	240

Conduct of Trial Generally	241

Argument of Counsel	242

View in Criminal Cases 202 Verdict and Findings	243

MATTERS OF PLEADING 203 In General	244

Permitting Defective Count in Declaration or Indictment	246

MATTERS OF EVIDENCE 205 Admission of Evidence in General	247

Remedy for Restitution in General	248

Independent Action	249

Admission of Particular Evidence	250

As Bar or SetOff to Cause of Action	251

Withholding Remittitur	252

Amount of Recovery in General	253

Exclusion of Evidence	254

Effect of Restitution	255

Cross Examination MATTERS OF INSTRUCTIONS 209 Instructions Given	256

Application of Rule	259

Instructions Refused	261

Decision on Appeal and Subsequent Proceedings GENERAL PRINCIPLES 212 Opinion of Appellate Court 213 Concurrence of Judges	262

Matters Occurring After Judgment 215 Death of Party After Submission	263

Impossibility of Furnishing Record	264

Termination of Jurisdiction of Appellate Court	265

In General	266

Reversal to Permit Recovery of Nominal Damages	267

Reversal as to Coparties	268

Imposing Terms	269

General Effect of Reversal 223 Effect Upon Other Judgments or Orders	270

As Bar to Another Action	271

Certified Questions	301

In General 257 The Question Certified in General	303

Matters Relating to Pleading and Evidence	304

Definition XVI Coram Nobis and Coram Vobis 260 General Use of Writ	305

Copyright

Other editions - View all

Ruling Case Law: As Developed and Established by the Decisions ..., Volume 19
William Mark McKinney,Burdett Alberto Rich
Full view - 1917

Ruling Case Law: As Developed and Established by the Decisions and ..., Volume 7
William Mark McKinney,Burdett Alberto Rich
Full view - 1915

View all »

Common terms and phrases

Bibliographic information

Title	Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling ..., Volume 2 Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, William Mark McKinney
Editors	William Mark McKinney, Burdett Alberto Rich
Publisher	Edward Thompson Company, 1914
Original from	UC Southern Regional Library Facility
Digitized	7 Aug 2018

Export Citation	BiBTeX EndNote RefMan

About Google Books - Privacy Policy - Terms of Service - Information for Publishers - Report an issue - Help - Google Home