(DOWNLOAD) "Ex Parth Dubuque and Pacific Railroad" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Ex Parth Dubuque and Pacific Railroad
- Author : United States Supreme Court
- Release Date : January 01, 1863
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Mr. Mason against the motion: The judgment having been entered in the court below, became its judgment, possessing the same qualities as if it had been originally entered there. One of these qualities or incidents was, that it was liable to be vacated, and a new trial granted, in a proper case, in the discretion of the court below; a discretion with which this court will not interfere, as it has declared in many cases, and notably in Eberly v. Moore.3 1. This power and duty exists under the Judiciary Act of 1789. The court in the case just cited says: 'The jurisdiction has been conferred by acts of Congress upon the courts of the United States, so to supervise the various steps in a cause as to prevent hardship and injustice, and that the merits of a cause may be fairly tried. It has been uniformly held in this court that a Circuit Court could not be controlled in the exercise of the discretion thus conceded to it.' 2. It exists, also, under the statute of Iowa; which by the Judiciary Act of 17894 is the 'rule of decisions in trials at common law.' Courts in Iowa are compelled to grant new trials, on cause shown, on the application of a party, for any 'cause affecting materially the substantial rights of such party,' specified in the law; in which case, the 'former report, verdict, or decision, shall be vacated, and a new trial granted.'5 It is to be presumed that the court had grounds which justified it in granting as it did the new trial under the above provisions.
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