Report of Section On Reform of Civil And Criminal Procedure
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We think the law demands no such construction; the enumeration in section 660 is not necessarily exclusive, and it is contrary to all con- siderations of justice and convenience to hold that it was intended to be. That a judge may and must consider on a motion for a new trial, made in advance of a statement, all evidence material to the grounds and specifications of the notice, whether reported or not, is something which the legislature may well have deemed too obvious to call for express enact...ment. " In view of this decision it may be said that the amend- ment adding certain matters that may be referred to upon the hearing of the motion is unnecessary, but we have made the addition as a matter of precaution, lest it be urged that the amendment of the statute, after the decision of the Harris case, without change in this respect, would require the con- struction that the amended statute is now exclusive.
AND CRIMINAL PROCEDURE. 15 Amend Section 661 of the Code of Civil Procedure so as to Read as Follows: SECTION 661.
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To quickly assess the difficulty of the text, read a short excerpt:
We think the law demands no such construction; the enumeration in section 660 is not necessarily exclusive, and it is contrary to all con- siderations of justice and convenience to hold that it was intended to be. That a judge may and must consider on a motion for a new trial, made in advance of a statement, all evidence material to the grounds and specifications of the notice, whether reported or not, is something which the legislature may well have deemed too obvious to call for express enact...ment. " In view of this decision it may be said that the amend- ment adding certain matters that may be referred to upon the hearing of the motion is unnecessary, but we have made the addition as a matter of precaution, lest it be urged that the amendment of the statute, after the decision of the Harris case, without change in this respect, would require the con- struction that the amended statute is now exclusive.
AND CRIMINAL PROCEDURE. 15 Amend Section 661 of the Code of Civil Procedure so as to Read as Follows: SECTION 661.
What to read after Report of Section On Reform of Civil And Criminal Procedure?
You can find similar books in the "Read Also" column, or choose other free books by Bar Association of San Francisco to read onlineMoreLess
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