 | Great Britain. Court of King's Bench, George Wilson - Law reports, digests, etc - 1799 - 426 pages
...fpecial verdift. But the moft material difference between E 4 them is this, that a ve.fa. de two muft be granted upon matter appearing upon the record,...a new trial may be granted upon things out of it; if the record be never fo right ; if the verdict appear to be contrary to the evidence given at the... | |
 | John Impey - Civil procedure - 1818 - 996 pages
...special ven'.ict; but the most material difference between them is this, that a venire facias de novo must be granted upon matter appearing upon the record,...a new trial may be granted upon things out of it, if the record be never so right. If the verdict appear contrary to the evidence given, or the judge... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1827 - 776 pages
...proceeding by attaint. New trials are generally granted where a general verdict is found; a venire de nova, upon a special verdict. The most material difference...so imperfect that no judgment can be given upon it. 2. Where it appears that the jury ought to have found other facts differently. An example of the first,... | |
 | Samuel Owen - Law - 1845 - 434 pages
...differ in many. But the most material difference between them is this : that a venire facias de novo must be granted upon matter appearing upon the record,...a new trial may be granted upon things out of it, if the record be never so right ; if the verdict appear to be contrary to the evidence given at the... | |
 | Asa Kinne - Courts - 1852 - 736 pages
...found ; a venire de novo, upon a special verdict. The most material difference between them is this, that a venire must be granted upon matter appearing...contrary to the evidence, or the judge has given wrong instruction. But a venire can only be granted in one of two cases : 1. If it appear upon the face of... | |
 | Samuel Robinson Clarke - Criminal justice, Administration of - 1872 - 762 pages
...between a venire de novo, and a new trial, is that the former must be granted, in respect of matters appearing upon the record, but a new trial may be granted upon things out of it. (e) It seems that a venire de novo can be awarded in a case of felony on a defective verdict. (/) Unless,... | |
 | Samuel Robinson Clarke - Criminal law - 1872 - 762 pages
...between a venire de novo, and a new trial, is that the former must be granted, in respect of matters appearing upon the record, but a new trial may be granted upon things out of it. (e) It seems that a venire de novo can be awarded in a case of felony on a defective verdict. (/) Unless,... | |
 | Samuel Robinson Clarke, Henry Pigott Sheppard - Criminal law - 1882 - 638 pages
...(y) Ibid. 15. (z) R<"lv S'mnoU, 27 UCQU f>39. (a) Whflan v. Key., 23 UCQB 59-91. (6) Ibid. 137. ing upon the record, but a new trial may be granted upon things out of it. (e) It seems that a venire de novo can be awarded in a case of felony on a defective verdict, (d) But... | |
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But the most material difference between them is this, that a ve. fa. de novo must be granted upon matter appearing upon the record, but a new trial may be granted upon things out of it... 
