FOR THE TRIAL OF CIVIL ISSUES BEFORE A JURY. By AUSTIN ABBOTT, OF THE NEW YORK BAR. It is equally important to know the exact extent SIXTH THOUSAND. DIOSSY & CO., 231 BROADWAY, NEW YORK. 1889. While the merits of every case may be a fair field for the contest of opposing opinion, the main rules of practice according to which that contest is to be carried on ought to be well understood and applied with as little difference of opinion as may be. The chief burden under which the business of the profession and the labors of the bench now suffer is the great number of mistrials, and consequent new trials, which result from the imperfect manner in which these rules are understood and applied. In these pages, which are the outgrowth of briefs I have had occasion to prepare in practice, I have endeavored to state fairly the rules of forensic contest, on points that are frequently so disputed as to make it desirable to be prepared to cite authority at the trial. I mention, however, only a small proportion of the authorities examined, believing that for the purpose of a brief a few well chosen are more useful than a mass. On questions of chief importance I have, however, given one or more recent authorities from each of a number of states. Space has not allowed a full statement of the statutes and rules of court of other jurisdictions than New York; but I trust that I have indicated the existence of such statutes in such a way that the intelligent practitioner in any jurisdiction cannot be misled. In making up a list of "Useful Authorities on Evidence" (Division_XIII.), I have not confined myself to stating what I deem to be settled law, deeming it there more useful to index concisely the best authorities, including some debatable points, rather than to take space to state each rule at length. In these days more good verdicts are set aside, or hopes of verdict frustrated, by errors in regard to whether the case should go to the jury or not, than from any other cause. On the subject of "Taking the Case from the Jury" (Division XV.), I have stated the rules which, if I rightly understand the existing law as to New Trials, and Appeal, ought to govern our trial courts in disposing of motions for a nonsuit, or to direct a verdict, and demurrers to evidence. I am not aware that these rules are anywhere else shortly and systematically stated, nor have I found it practicable to state them concisely and correctly by following the language of the reports. But they may be seen constantly applied in practice by the ablest judges, and their application is now habitually sustained and enforced with remarkable consistency by the leading appellate courts. They are both reasonable and useful; and, indeed, all that is modern in them is the necessary result of modern changes in the law of evidence and review; and in those states where, as shown by notes appended to the rules, they are not yet fully adopted, a general progress toward their adoption is clearly traceable in the current of decision. If this little volume serves to facilitate the prompt and correct disposal of business at the circuit, its principal object will be accomplished. AUSTIN ABBOTT, 71 Broadway, New York, Aug. 15, 1885. |