Page:United States Statutes at Large Volume 31.djvu/418

 366 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. .,}`g§§Sf,g,'}‘f,d gl; §},° Sec. 223. The statement of the exception, when settled and allowed, lvhen excepticné shall be signed by the judge and Bled with the clerk, and thereafter it EE$,°l,.§£t b° mkm °r shall be deemed and taken to be a part of the record of the cause. No exception need be taken or allowed to any decision u on a matter of law when the same § entpfed inl the journal or mage wholly upon matters in writing an on e in the court. celgggttodssmsd €><· Sec. 224. The verdict of the jury, any order or decision, partially ` or Bnally determining the rights of the parties, or any of them, or affecting the pleadings, or grantin or refusing a continuance, or granting or refusing a new tria, or admitting or rejecting the evi ence, provided objection be made to its admission or rejection at the time of 1tS offer, or made upon ex parte application or in the absence of a party, are deemed excepted to without the exception being taken or stated, or entered in the journal. Cnkrrnn TWENTY-TWO. on Nnw TRIAL. Sec. Sec. 225. DeBnition of new trial. 229. Motion must state grounds thereof; 226. New trial, for what causes granted. when supported by affidavit. 227. Motiondfor, when Bled and deter- 230. When counter afiidavits allowed. IDH16. 228. Upon trial_ by the court and decision 1 in vacation. mQf“¤“i°¤ °‘ “°W Sec. 225. A new trial is a reexamination of an issue of fact in the ` same court after a trial and decision or verdict by a court or jury. caljgej é1_';*;},e{§’ Wm Sec. 226. The former verdict or other decision may be set aside and ` a new trial granted, on the motion of the party aggrieved, for any of _ the following causes materially affecting the substantial rights of such y arty: ·· ‘ P First. Irregularity in the proceedings of the court, jury, or adverse party., or any order of the court, or abuse of discretion by which such party was prevented from having a fair trial;. Second. Misconduct of the jury or prevailing party; Third. ‘ Accident or surprise which ordinary prudence could not have guarded against; _ _ Fourth. Newly discovered evidence, material for the party making the application, which he could not with reasonable diligence have discovered and produced at the trial; Fifth. Excessive damages, appearing to have been given under the iniiuence of passion or pre`udice; Sixth. Insufficiency of tlie evidence to justify the verdict or other decision, or that it is against law; Seventh. Error in law occurring at the trial and excepted to by the party making the application. r mgfigigg d§;}m‘$§;¤ Sec. 227. A motion for a new trial, with the aiBdavits, if any, in .support thereof, shall, except as hereinafter ‘ rovided, be Bled within three days _ after giving the verdict or other decision sought to be set aside; but the court may, u on satisfactory showing, extend the time for Bling such affidavits. Vlphen the adverse part is entitled to oppose the motion by counter aiiidavits, he shall Ble the same within t ree days after the Bling of the motion. A motion shall be heard and dgtermined during the term iinless the court continue the same for a visement or want o time to ear it. C0}’,§’,°§n({'§$c,,§}{,D";§ Sec. 228. Upon a trial by the court, when the decision is given in v¤¤¤¤<>¤- vacation, a motion for a new trial shall be Bled within twenty days _ from the time of Bling such decision, except as hereinbefore rovided. g,1(§{§’,§£,‘},,,§’§§§§, ,,*3},% Sec. 229. In all cases of motion for a new trial the grounds thereof ¤¤r>¤¤¤€<1b>·¤iHd¤vir. shall be plainly specified, and no cause of new trial not so stated shall