The Common Law Procedure Act : And Other Acts Relating to the Practice of the Superior Courts of Common Law And the Rules of Court With Notes

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The improper reception of evidence to explain a written contract is no ground for a new trial unless it lead to misdirection: Bruffv. Conybeare, 13 C. B. N.S. 276; Springs. Oockburn et al, 19 U. 0. C. P. 63. Non-direction is not a ground for a new trial unless the verdict be contrary to the weight of evidence: Ford v. Lacey, 30 L. J. Ex. 351; The Gieat Western Railway Co. of Canada v. Braid, 8 L. T. N. S. 31. A verdict will not be set aside as perverse unless the jury, having no discretion, dec...i ied against law and the judge's charge : Brown v. Malpus, 7 U. C. C. P. 185 ; Adams v. The Great Western Railway Co.
10 W. R. 84; and it must appear that the judge laid down the law correctly, and that the verdict as it stands is not correct: Todd v. The Liverpool and London Globe Insurance Co. 18 U. C. C.P. 192. Where a plaintiff is disappointed in procuring testimony, he should withdraw his record or take a nonsuit, and a defendant in a like case should apply for a postponement : The Corporation of Longumil v.


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