Hyatt on Trials: A Treatise on the Trial of Civil and Criminal Cases in State and Federal Courts, with Complete Index and Table of Cases, Volum 1

William Harvey Hyatt

Bender-Moss Company, 1924

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CHAPTER XVI	32

Primitive AngloSaxon tribunals	32

Trial by witnesses	32

Trial by oath or compurgation	32

Trial by ordeal	32

Trial by battle 9 Accuracy of forms required	32

Outline of origin and development of jury trials	32

Origin of the jury systemRecognitioInquisitio 12 Grand jury 13 Criminal petit jury	32

Election contests	377

Fixing rates of public service corporations	378

Disbarment proceedings	379

Torrens registration of land titles	380

Workmens compensation	381

The juvenile court	382

Public assessments	383

Justice court trials	384

Civil petit jury 15 JurataAssisa	32

Ancient trial juries were juries of witnesses 17 Magna carta	32

CHAPTER II	32

Verdict is still a disposition of whole case on the merits	32

No trial in the absence of issues	35

Point of commencement of trial on merits	36

End of trial	37

Matters included in trial	38

Trials must be by courts of competent jurisdiction	39

Forms of lawAccording to the rules of law	40

Scope of present treatise	41

Calendar and docket defined and distinguished	42

43 Preparation and maintenance of calendars	43

When cause is ready for trial	44

45 Order on calendar	45

Terms of courtGeneral CalendarTrial CalendarJury Calendar	46

Order of calling and trials	47

Power of court over calendar	48

Striking from calendar	49

Continuance on calendar	50

51 Preference and short cause calendars	51

Grounds of preference	52

Constitutionality	53

Notice	54

55 Printed copies of calendar not official CHAPTER IV	55

62 Second noticeWhen necessary	62

Note of issue	63

Notice of motion to set for trial	64

TRIAL NOTICES 56 Notice of trial defined 57 Notice of trial and notice of motion to set for trial and note of issue to be distinguished 58 Purpose a...	66

CHAPTER V	74

Definition and distinguishing featuresEnglish rule	87

Result of trial in one case determining decision in others	88

Evidence may be the same or different	91

Separate decision required	92

93 Principle and purpose of the rule	93

Illustrations of the rule	94

Discretion of the court	95

The parties have no right to demand consolidation	96

Motion for consolidation	97

The consolidation rule should be liberally applied	98

Consolidation of equity cases	99

General features of the American rule	102

Where the parties are not the same	103

104 Principal and accessory	104

Grounds of severance	105

Admissions and confessions	106

107 Order of separate trials	107

MotionApplicationAffidavit	108

Time of motion or application	109

Waiver	110

111 Res adjudicata	111

Issue of insanity	112

113 General principlesSeparate issues	113

Different parties	114

Reason and purpose of separate trials	115

Time to demand separate trials	116

Waiver	117

Who may apply for separate trials	118

Demand by defendants	119

Res adjudicata	120

Order of separate trials	121

122 Parties	122

125 Continuances on motion of a party	125

Discretion of court	126

127 Dismissals	127

128 Nonsuit as to some of the defendants	128

Amendments to pleadings	129

Procedure	136

CHAPTER IX	151

157 Adjourning court to home of absent witness 158 Lack of time for attorney to prepare for trialTwo attorneys 159 Absence of attorney 160 Abs...	152

Initiation of proceedings for a change of venue	194

More than one attorneyDistinction between leading and associate counsel	201

Withdrawal of counsel from case 165 Continuance to await judgment in another case	203

CHAPTER X	212

196 DemandIn general c Demand 197 Must be made within a reasonable timeWhat is a reasonable time? 198 In criminal cases 199 Form of deman...	213

h Order 229 Necessity of order for change 230 Order for change of venue upon condition 231 Order upon condition is interlocutoryThe right to a...	214

b Wrong Venue 263 On the ground that the action was not commenced in the proper county or district 264 Right to a change of venue on the grou...	215

Waiver 328 WaiverIn general 329 Waiver defined and applied 330 By estoppel 7 Remedies a Appeal and Error	217

Hearing of applicationIn general	223

In criminal cases j Parties	240

246 PartiesPlaintiffs and defendants	246

247 Corporations	247

248 Municipal corporations	248

Codefendants in actions against municipal corporations	249

250 Necessary parties	250

Parties not on recordInterveners	251

252 Codefendants in criminal cases	252

Motion by prosecution	253

254 Change on motion of prosecutionNot matter of right but of dis cretion of court	254

Order on courts own motion without application of parties	255

Change against the will of defendant in a criminal case	256

274 Prejudice against a particular case or cause	274

Interest in subject matter of suit is not necessarily prejudice	275

276 Political feeling	276

277 Race prejudice	277

278 Religious prejudice	278

Undue influence	279

280 Official influence	280

Employment of special counsel by private persons for the prosecu tion of accused	281

Danger of mob violence	282

Disqualification of the Judge	287

Disqualification of the judgeIn general	296

Statutes authorizing change for disqualification of the judge are mandatory	297

Reasons for change for disqualification of the judge	298

Relationship with the parties	299

Interest	300

PART III	301

As a taxpayer	302

303 Former employment as counsel for one of the parties	303

As a material witness	304

305 Previous official action	305

The disqualification of the judge does not pass to his successor	306

307 Change of judges is not a change of venue	307

Bias and prejudice of judgeIn general	308

Bias and prejudice defined	309

Bias and prejudice as a disqualification	310

Interest is not necessarily prejudice	311

Sufficiency of bias or prejudice of judge to authorize a change of venue	312

313 Duty and power of the court	313

Facts and circumstances from which bias and prejudice may be reasonably inferred	314

Application on this ground as a contempt of court f Convenience of Witnesses and Promotion of the Ends of Justice	315

Convenience of witnesses and promotion of ends of justiceIr general	316

317 State of calendarsBusiness of courtSpeedy trial	317

318 Condition of cause	318

Additional expense resulting from proposed change	319

320 Accessibility of proposed place of trial	320

321 Proper venue	321

322 Conflicting rights to proposed change or retention	322

Public interest and policyCounty officers	323

324 Employees of applicant	324

325 Expert witnesses	325

Erroneous rulingRemedy by appeal and error	331

257 By consent without application of parties	333

Change upon conditional stipulations	334

Form and requisites of stipulation 260 Stipulation made in advance of action	335

Grounds of Motion a In General 261 Grounds for change of venueIn general	336

Under statutory rules	337

Danger of mob violenceIn absence of statute	356

Public excitement	357

Wide public knowledge of the facts	358

Illustrations	359

287 Newspaper publications	360

Presumption that a fair and impartial trial may be obtained in the county	363

289 The real test	364

Prejudice must be general not confined to a portion of the county	365

291 Attempt to select a jury	366

Second and subsequent trial 293 Existence of prejudice at the time of the trial must be shown	368

Number and preponderance of affidavits 295 Fair and impartial trial	369

370 Effect of prior statutory provisions	370

Constitutionality of statutes providing for jury trial on appeal	371

Appeals from justices courtsTrial de novo	372

In general	373

Illustrations	374

375 Quo warranto	375

Removal from public office	376

Suits in equityIn general	385

Statute altering law and equity jurisdiction	386

387 Settlement of accounts	387

In what suits involving accounts equity assumes complete juris diction	388

389 Complication of accountsReference	389

Compulsory reference	390

Suits for partition	391

Plea of equitable defense in action at	392

393 Equitable cross action	393

Legal counterclaim in equitable suit	394

Claim of damages in equitable suit	395

Retention a By Amendment 326 Change of venue and retention by amendment	396

b By Dismissal as to Some Defendants 327 Dismissal of action as to some defendants as ground for change of venue or retention	397

Statutory action to quiet title	398

399 Action to declare a resulting trust	399

Criminal cases	404

b Habeas Corpus 332 Remedy by habeas corpus c Prohibition 333 Remedy by prohibition	406

Mandamus 334 Remedy by mandamus 335 Effect of absence of discretion	409

Constitutional right of trial by jury	411

Disqualification of person engaged in conspiracy against law and order	412

Submission of case on agreed statement of facts 410 Separate trials of separate issues	413

Criminal cases 427 Fixing degree of crime on plea of guilty	427

Method of waiverStatutory mannerBy implication	428

429 Failure to appear at the trial	429

Waiver by consent	430

Time of demandTrial in appellate court only	431

CHAPTER XII	497

Statutes prescribing duties of jury commissioner or other officer are directory 480 Statutes prescribing the qualifications of prospective jurors are us...	498

507 Persons from whom talesman may be selected	507

508 Definition Struck Jury	508

Number of jurors 461 Civil cases	509

Mandatory force of statutory provisions as to method of selection	510

Challenge for cause	543

ChallengeSexWoman suffrage	544

Challenges for principal causeChallenges to the favor	545

Time of challenge for cause	546

Order of precedence of challenges to the polls	547

Continuance after struck jury called and prepared 512 Who may object to the list for a struck jury	555

Introductory CHAPTER XIII	556

Peremptory challenge of talesmen other than members of the regu lar panel 564 Order of peremptory challenges 565 Time of making peremptory c...	557

Challenges to the polls	569

574 Naturalized citizens	574

575 QualificationsDistinction between civil and criminal cases	575

576 Capital cases Qualifications in General	576

QualificationsIn general	577

578 Political statusCitizenship and alienage	578

579 Contrary rule	579

580 AlienageJuries de medietate linguae	580

581 Knowledge of the English language	581

582 Discretion of court	582

583 Property qualificationsFreeholder	583

584 Householder	584

585 Residence	585

Residence is a matter of intention	586

Jurors as taxpayers	587

588 Voters	588

589 Religious test	589

590 Physical condition	590

591	591

592 Deafness blindness	592

593 Sickness of a juror or his family	593

594 Intoxication of a juror	594

595 Mental qualitiesIgnoranceIntelligenceLack of education	595

596 Educational qualifications	596

597 Moral fitness	597

598 Conviction for a felony	598

Disloyalty	599

600 Practice of polygamyBigamy	600

601 Prior service as a grand juror	601

602 Prior service as a trial juror	602

CHAPTER XIV	603

Exemptions 604 Exemption not a vested right 605 Exemption does not create disqualification	604

Statutory exemptions	606

607 Exemption for past services	642

CHAPTER XV	643

Stockholders in a corporation engaged in the prosecution of crimes committed upon it 653 Members of religious and other associations 654 Membe...	644

Sympathy as a ground of incompetencyIn general 695 Labor unions	645

620 Relationship to counsel	649

Formation and expression of an opinion on the merits of the case	662

Sympathy for the plaintiff in a personal injury action	696

Opinion that the character of the accused person is	697

Opinion that defendant has already been sufficiently punished	698

699 Conscientious scruples on the subject of capital punishment	699

700 Verdict on circumstantial evidence	700

Opinion as to the propriety of enforcing the	701

Introductory	710

DefinitionRequisites in general	711

Kinds of verdict Special Verdicts	712

In general	713

Right to special verdict 715 Matter of statutory practice 716 Waiver of defects 717 Necessity and functions of special verdicts 718 Effect of union ...	725

Public and Private Verdicts 747 In general 748 Presence of the judge when the verdict is receivedCriminal cases 749 Presence of the judge in civil c...	726

Compromise verdictsSplitting difference 788 Validity as affected by improper influencesCoercion of juryA free verdict 789 What is coercion of th...	727

Amendments as to substance cannot generally be made 824 Surplusage 825 Correction otherwise than by amendment and dirsegard of sur plusage...	728

Facts admitted or not controverted	732

Facts in evidence only	733

734 Extrinsic matters	734

Definiteness and certainty essential	735

Inconsistency	736

737 Single issues should not be divided	737

Instructions as to special verdict	738

Formal conclusions	739

740 Right to render both general and special verdicts	740

Construction and force and effect of special verdict	741

742 Special interrogatories	742

What special interrogatories may be submitted	743

Separation before completion of jury	762

Separation after retirement for deliberation	763

Temporary separation of single jurors from their fellows General Verdict	764

765 Form and sufficiency	765

766 In criminal cases	766

767 Responsiveness to pleadings and conformity to instructions	767

In actions against two or more defendants	768

Damages	769

Inferences from general verdict	770

Statement of the degree of offense in criminal cases	771

Assessment of punishment	772

Recommendations to mercyIn general	773

Not a part of verdict	774

Statutory provisions	775

Statutes which leave the quantum of punishment to the court not withstanding the recommendation of the jury	776

744 Special verdicts in criminal cases	777

Rights of defendants counsel	778

Duty of court to instruct the jury as to recommendations to mercy	779

Responsiveness to allegations of indictment	780

In general	781

Where the recommendation is not binding	812

Form and sufficiency of instruction	814

When the instructions should be based upon the evidence	815

Effect of recommendationNumber of jurors necessary to approve 784 Where the indictment contains several counts	816

Validity as affected by the method of reaching the verdictChance verdict and verdict arrived at by lotQuotient verdict	817

Chance and quotient verdicts definedTest of invalidity	820

Presence of custodian of jury in jury room during their delibera tions	877

Presence of witness in jury room	878

879 Officer in charge of jury	879

Qualifications	880

CHAPTER XVII	900

907 Insufficiency of the indictment 908 Discharge with defendants consent 909 Nolle prosequi 910 Record must show facts authorizing discharge ...	901

In general	912

Misconduct of the juryIn general	920

921 In civil cases	921

Criminal casesIn general	922

923 Misconduct of a single juror is misconduct of the whole jury	923

924 DefinitionDistinction between misconduct and irregularity of the jury	924

925 Waiver generally	925

926 In general Acts Constituting Misconduct	926

False answers and concealments on the part of a juror on voir dire	927

928 Under statutes	928

Communications and conversations with or in the presence of the jury	929

930 Burden of proof of misconduct	930

931 Capital cases 932 Conversations with counsel 933 Conversations with parties 934 Conversations with witnesses 935 Comment on defendants fail...	934

954 Separation of the jury 955 Temporary separation of an individual juror from his fellows because of illness 556 Use of intoxicating liquors	935

Misconduct of officer in charge of jury	969

Misconduct of others as affecting the jury	1001

Admissibility of affidavits of jurors to prove misconduct outside the jury room	1002

Andre utgaver - Vis alle

Hyatt on Trials: A Treatise on the Trial of Civil and Criminal ..., Volum 1
William Harvey Hyatt
Uten tilgangsbegrensning - 1924

Vanlige uttrykk og setninger

absence absent witness abuse of discretion affidavit Ah Ying amendment appear application attorney authority Bank bias and prejudice calendar cause of action change of venue Colo commenced common law Commonwealth competent tribunal consent continuance counsel criminal defendant defendant's demurrer denied determination disqualification entitled equitable issues ex rel exercise fair and impartial filing granted ground held impartial trial Iowa issues of fact issues of law judge jurisdiction jury Kollmeyer Law Rep Magna Carta matter Minn Misc Mont motion moving party N. Y. Supp Okla place of trial plaintiff plea pleadings provision question reason res adjudicata residence rule separate trial showing Smith statute statutory sua sponte suit Superior Court supra Tenn testimony tinuance tion trial court tried waived waiver Wash word trial

Populære avsnitt

Side 379 - It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent, as the lot of humanity will admit.‎

Vises i 260 bøker fra 1783-2008

Side 416 - A trial by jury in suits at common law pending in the State courts js not, therefore, a privilege or immunity of national citizenship, which the States are forbidden by the Fourteenth Amendment to abridge. A State cannot deprive a person of his property without due process of law...‎

Vises i 62 bøker fra 1776-2000

Side 221 - A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the Court to change the place of trial as in other cases.‎

Vises i 209 bøker fra 1829-2007

Side 502 - ... that he cause to come here, on such a day, twelve free and lawful men, liberos et legales homines, of the body of his county, by whom the truth of the matter may be better known, and who are neither of kin to the aforesaid A nor the aforesaid B, to recognize the truth of the issue between the said parties.‎

Vises i 125 bøker fra 1771-2006

Side 32 - It is more consonant to the true philosophy of our historical legal institutions to say that the spirit of personal liberty and individual right, which they embodied, was preserved and developed by a progressive growth and wise adaptation to new circumstances and situations...‎

Vises i 26 bøker fra 1884-2006

Side 50 - Jurisdiction may be defined to be the right to adjudicate concerning the subject-matter in the given case. To constitute this there are three essentials : First, the court must have cognizance of the class of cases to which the one to be adjudged belongs ; second, the proper parties must be present ; and third, the point decided must be, in substance and effect, within the issue.‎

Vises i 101 bøker fra 1871-1999

Side 447 - The right of trial by jury shall remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases in the manner prescribed by law.‎

Vises i 196 bøker fra 1846-2002

Side 418 - The right of trial by jury shall remain inviolate in criminal cases, but a jury in civil cases in all courts, or in criminal cases in courts not of record, may consist of less than twelve men, as may be prescribed by law.‎

Vises i 113 bøker fra 1870-2002

Side 116 - States, the court may make such orders and rules concerning proceedings therein as may be conformable to the usages of courts for avoiding unnecessary costs or delay in the administration of justice, and may consolidate said causes when it appears reasonable to do so.‎

Vises i 45 bøker fra 1821-1999

Side 831 - The reviewing courts have very properly held it to be prejudicial error for the district attorney to call the attention of the jury to the fact that the defendant has...‎

Vises i 46 bøker fra 1884-1981

Bibliografisk informasjon

Tittel	Hyatt on Trials: A Treatise on the Trial of Civil and Criminal Cases in State and Federal Courts, with Complete Index and Table of Cases, Volum 1 Volum 1 av Hyatt on Trials: A Treatise on the Trial of Civil and Criminal Cases in State and Federal Courts, William Harvey Hyatt Hyatt on Trials: A Treatise on the Trial of Civil and Criminal Cases in State and Federal Courts, with Complete Index and Table of Cases, William Harvey Hyatt
Forfatter	William Harvey Hyatt
Utgiver	Bender-Moss Company, 1924

Eksporter sitat	BiBTeX EndNote RefMan

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