Tidd, Pr
Categories: Contracts
Definition (1910 Edition)
1025.
408, 410; Yates v. People, 6 Johns. (N. ¥.) 446.
2.
937. ;
722, 895.
747; Steph. Pl. 84.—Trial at nisi prius. In practice. The ordinary kind of trial which takes place at the sittings, assizes. or circuit, before a single judge. 2 Tidd, Pr. 751. 819.—Trial by certificate. A form of trial allowed in cases where the evidence of the person certifying was the only proper criterion of the point in dispute. Under such circumstances. the issue might be determined by the certificate alone, because, if sent to a jury, it would be conclusive upon them, and therefore their intervention was unnecessary. ‘Comlins.—Trial and assize is a peculiar mode of trial alowéd in writs of right. See ASSIZE; GRAND ASSIZE.—Trial inspection or examination is a form of trial in which the judges of the court, upon the testimony of their own senses, decide the point in dispute.—Trial by Jury. A trial in which the issues of fact are to be determined by the verdict of a jury of twelve men, duly selected, impaneled, and sworn. che terms “jury” and “trial by. jury” are, and or ages have been, well known In the language of the law. They were used at the adoption of the constitution, and always, it is believed, before that time, and almost always since. in a single sense. <A jury for the trial of a cause was a body of twelve men, described’ as upright. well-qualified, and lawful men, disinterested and impartial, not of kin nor personal dependents of either of the parties, having their homes within the jurisdictional limits of the court, drawn and selected by officers free from all bies in favor of or se Fee either party, duly impaneled under the direction of a competent court, sworn to render a true verdict according to the law and the evidence given them. who. after héaring the parties and their evidence, and receiving the instructions of the court relative to the law involved in the trial, and deliberating, when necessary, apart from all extraneous influences, must return their unanimous vere dict upon the issue submitted to them. All the books of the law describe a trial jury substantially as we have stated it; and a “trial by jury” is a trial by such a. body so constitutand conducted. State v. McClear, 11 Nev. 60. And see Gunn v. Union R. Co., R. I. 289, 49 Atl. 999: State v. Hamey, 16S Mo. 167, 67 S. W. 620, 57 L. R. A. 846; Capital
408, 410; Yates v. People, 6 Johns. (N. ¥.) 446.
2.
937. ;
722, 895.
747; Steph. Pl. 84.—Trial at nisi prius. In practice. The ordinary kind of trial which takes place at the sittings, assizes. or circuit, before a single judge. 2 Tidd, Pr. 751. 819.—Trial by certificate. A form of trial allowed in cases where the evidence of the person certifying was the only proper criterion of the point in dispute. Under such circumstances. the issue might be determined by the certificate alone, because, if sent to a jury, it would be conclusive upon them, and therefore their intervention was unnecessary. ‘Comlins.—Trial and assize is a peculiar mode of trial alowéd in writs of right. See ASSIZE; GRAND ASSIZE.—Trial inspection or examination is a form of trial in which the judges of the court, upon the testimony of their own senses, decide the point in dispute.—Trial by Jury. A trial in which the issues of fact are to be determined by the verdict of a jury of twelve men, duly selected, impaneled, and sworn. che terms “jury” and “trial by. jury” are, and or ages have been, well known In the language of the law. They were used at the adoption of the constitution, and always, it is believed, before that time, and almost always since. in a single sense. <A jury for the trial of a cause was a body of twelve men, described’ as upright. well-qualified, and lawful men, disinterested and impartial, not of kin nor personal dependents of either of the parties, having their homes within the jurisdictional limits of the court, drawn and selected by officers free from all bies in favor of or se Fee either party, duly impaneled under the direction of a competent court, sworn to render a true verdict according to the law and the evidence given them. who. after héaring the parties and their evidence, and receiving the instructions of the court relative to the law involved in the trial, and deliberating, when necessary, apart from all extraneous influences, must return their unanimous vere dict upon the issue submitted to them. All the books of the law describe a trial jury substantially as we have stated it; and a “trial by jury” is a trial by such a. body so constitutand conducted. State v. McClear, 11 Nev. 60. And see Gunn v. Union R. Co., R. I. 289, 49 Atl. 999: State v. Hamey, 16S Mo. 167, 67 S. W. 620, 57 L. R. A. 846; Capital
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain.
UK commentary and modern updates are original additions. This entry is for educational
reference only and does not constitute legal advice.