Page:United States Statutes at Large Volume 31.djvu/419

 QFIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 367 be considered or regarded by the court. When the motion is made for a cause mentioned in subdivisions one, two, three, or four of section two hundred and twenty-six, it shall be upon aflidavits setting forth the facts upon which such motion is based, unless they appear of record in the cause. Sec. 230. If the motion be supported by aiiidavits, counter affidavits d Whenuccuuwr emmay be offered by the adverse fparty ; and if the cause be newly discov— ams a °w°d‘ ered evidence, the affidavits o any witness or witnesses showing what their testimony will be shall be produced or good reason shown for their nonproduection; and in the consideration of any motion for a new trial reference may be had to any proceedings in the case prior to the verdict or other decision sought to be set aside. CHAPTER TWENTY·THREE. OF GENERAL PROVISIONS. Sec. Sec. 231. Questions of law and fact, how sub- ( 233. Questions of law and what of fact to mitted and when. be decided by the court. 232. Questions of fact to be decided by the jury. Sec. 231. Any party may, when the evidence is closed, submit in an%¤¢gg;¤¤hOg{, 33,**; distinct and concise propositions the conclusions of fact which he mitted and wnen. claims to be established or the conclusions of law which he desires to be adjudged, or both. They may be written and handed to the court, or, at the option of the court, oral, and entered in the judge’s minutes. Sec. 232. All questions of fact other than those mentioned in sec- b8Q‘{§ggggf,°*b*¤°*t,{g tion two hundred and thirty-three shall be decided by the jury, and all jury- Y evidence thereon addressed to them. i Sec. 233. All questions of law, including the admissibility of testi- an%¤$;jjg{¤¤0f¤§acg¤;g mony, the facts preliminary to such admission, and the construction be decided by the of statutes and other writings and other rules of evidence, are to be °°““· decided by the court, and all discussions of law addressed to it; and whenever the knowledge of the court is by this code made evidence of a fact, the court is to declare such knowledge to the jury, who are bound to accept it as conclusive. _ CHAPTER TWENTY-FOUR.· or JUDGMENT IN GENERAL. Sec. Sec. 234. Dednition of judgment. 1 236. When judgment may be given 235. Judgment may be given for or against one or more defendants against any of the parties. l and action remain pending as to others. . Sec. 23aL. A judgment—is the final determination of the rights of the mg$§¤i*i°¤ 0* 5****9 parties in the action. ` Sec. 235. Judgment may be given for or against one or more of be-’}g1,‘§§;*§§fo,‘;’§§,,};i several plaintids, and for or against one or more of several defendants; any of me parties. and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side as between themselves. _ Sec. 236. In an action against several defendants, the court may, in m§f}‘,$§g,Vg}}‘;g’,{§$,‘;{ its discretion, render judgment against one or more of them, whenever one or more defenda several judgment is proper, leaving the action to proceed against the gg?. “{,‘g,,d“§‘f,Q°‘§S rf.; ot ers. ° Em