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action admissible adverse agreed allowed answers appeal applicable argument asked Assn attorney authority Bank bill of exceptions Board Brown Burns called cause challenge character Chicago Citizens City Cleveland close Coal communications competent conclusions of law copy correct counsel decision defendant direct discretion duty effect error evidence ex rel examination facts filed follows give given ground held impeached incompetent Indiana Indianapolis instructions interrogatories issues Johnson Jones judge judgment juror jury Lake Erie land Louisville manner Martin matter Michigan Miller motion necessary objection offered opinion overruling party person physician Pittsburgh plaintiff pleadings practice present proceedings proof proper properly proved provides question reason record reference refused render request reversible Review rule Section shown signed Smith special finding statement statute Steel submitted sufficient suit supra taken Taylor term testify testimony tion Traction true Union unless verdict waived witness writing written
Page 36 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from which they are taken.
Page 36 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 78 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 757 - Provided, that whenever the laws of any state require a judgment or decree of a state court to be registered, recorded, docketed, indexed, or any other...
Page 513 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5.
Page 82 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Page 522 - To entitle a party to a new trial on the ground of newly discovered evidence, it must appear, — "1.
Page 226 - Parties to a question in difference which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court' which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties.
Page 318 - The officer having them under his charge shall not suffer any communication to be made to them, or make any himself, except to ask them if they have agreed upon their verdict, unless by order of the court, and he shall not, before their verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed upon.