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9 App action admissible adverse party affidavit appeal application Assn attorney bill of exceptions Blkf Board Burns called cause character Chicago Cincinnati Citizens St Cleveland competent to testify competent witness conclusions of law counsel cross-examination Davis decedent defendant demurrer dence discretion effect error Evansville evidence ex rel facts filed given ground held husband impeached incompetent Indiana Indianapolis Traction instructions interrogatories issues Jeffersonville Johnson Jones judge judgment juror jury Lake Erie Logansport Louisville Martin matter McDonald Miller misconduct motion National Bank necessary Noblesville objection Ohio & Mississippi overruling person Peters Box physician or surgeon Pittsburgh plaintiff pleading privilege proof proper prove question record refused rendered request reversible error rule Scott Section shown Smith South Bend special finding statement statute statute provides struck jury sufficient suit supra Taylor Terre Haute testimony tion trial court variance venire de novo verdict waived wife Wilson
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.