An Introduction to Practice With Special Reference to the New York Code of Civil Procedure
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In our eReader you can find the full English version of the book. Read An Introduction to Practice With Special Reference to the New York Code of Civil Procedure Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book An Introduction to Practice With Special Reference to the New York Code of Civil Procedure
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To quickly assess the difficulty of the text, read a short excerpt:
The line of limitation beyond which counsel should not tres- pass is found in a consideration of the functions of a jury.
The jury, under their oaths, decide upon disputed questions of fact, from the evidence before them. They have nothing to do with determining questions of law, nor with facts which 6 83 THE TRIAL AND ITS INCIDENTS.
are undisputed, nor vnth facts not in evidence. It is for the judge to decide all points of law, and to apply the law to undisputed facts. The summing up is addres...sed to the jury.
It should therefore be confined to facts in evidence and com- ment upon them, and should avoid going outside the evidence and the discussion of law points. (Williams v. BrooTclyn Elevated R. B. Co., 126 K Y., at p. 102 ; Halpem v. Nassau Elec. R. R. Co., 16 App. Div. 90 ; Lesser v. Perkins, 39 Hun, 341.) 157. The judge's charge. — After the completion of the summing-up addresses the judge delivers his charge to the jury. Here again the difference of the functions of judge and jury is to be remembered, and it is the duty of a judge in giving his charge not to trespass upon the function of the jury, which is to pass upon disputed questions of fact.
What to read after An Introduction to Practice With Special Reference to the New York Code of Civil Procedure?
You can find similar books in the "Read Also" column, or choose other free books by Miller, George Alfred, 1853- to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The line of limitation beyond which counsel should not tres- pass is found in a consideration of the functions of a jury.
The jury, under their oaths, decide upon disputed questions of fact, from the evidence before them. They have nothing to do with determining questions of law, nor with facts which 6 83 THE TRIAL AND ITS INCIDENTS.
are undisputed, nor vnth facts not in evidence. It is for the judge to decide all points of law, and to apply the law to undisputed facts. The summing up is addres...sed to the jury.
It should therefore be confined to facts in evidence and com- ment upon them, and should avoid going outside the evidence and the discussion of law points. (Williams v. BrooTclyn Elevated R. B. Co., 126 K Y., at p. 102 ; Halpem v. Nassau Elec. R. R. Co., 16 App. Div. 90 ; Lesser v. Perkins, 39 Hun, 341.) 157. The judge's charge. — After the completion of the summing-up addresses the judge delivers his charge to the jury. Here again the difference of the functions of judge and jury is to be remembered, and it is the duty of a judge in giving his charge not to trespass upon the function of the jury, which is to pass upon disputed questions of fact.
What to read after An Introduction to Practice With Special Reference to the New York Code of Civil Procedure?
You can find similar books in the "Read Also" column, or choose other free books by Miller, George Alfred, 1853- to read onlineMoreLess
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