SECTION 56. THE INTRODUCTION OF THE EVIDENCE. The law governing this portion of a trial is treated as a separate subject.34 Various questions of law, such as those as to the admissibility of evidence, are constantly arising during the trial, which it is necessary for the trial judge to pass upon. If either party objects to such decisions. and desires to have them reviewed by an appellate court, it is necessary for him (in the absence of statutes or court rules changing this rule) to save his rights by taking exceptions to the ruling of the judge at the time they are rendered. The use to which such exceptions are put will be considered in the following chapter. SECTION 58. THE VERDICT. The verdict is the decision of the jury upon the issue submitted to them. "The verdict must be responsive to the issue submitted for trial. It is usually in general terms 'for the plaintiff,' or 'for the defendant.' When for the plaintiff it contains a finding of the amount of damages to which they think him entitled, when damages are claimed in the action. When separate and distinct issues are submitted for trial, there should be a finding on each one of them. The jurors must all agree to the verdict; and after it was rendered it was entered on the back of the nisi prius record and was called the postea from the name in Latin with which the recital began.' See subject of Evidence, Vol. XI, Martin on Civil Procedure, Sec. 363; Steph., Pl., 91. CHAPTER X. PROCEEDING AFTER VERDICT. SECTION 59. MOTION FOR A NEW TRIAL. "A motion for a new trial may be defined to be an application by a party interested in the action for an order of court granting a re-trial or re-examination in the same court of an issue of fact, or some part or portion thereof, after verdict by a jury, report of referee, or a decision by the court.' It is an application for a re-trial of the facts of a case, or an application for a re-examination of an issue of fact before a court, or jury, which has been tried at least once before the same court, or an application for a 'rehearing of the legal rights of the parties upon disputed facts,' or an application for a 're-examination of the issues in the same court,' or, in a criminal case, it is an application for a 're-examination of the issues in the same courts before another jury after a verdict has been given.' A motion 'to set aside and vacate the verdict of the jury,' upon the ground that the verdict is not sustained by sufficient evidence, and is contrary to law, and also for alleged errors of law occurring at the trial, which does not in terms purport to be a motion for a new trial, but which is so treated by the parties and the trial court, will be regarded 'Gen. Stat. Nev. (1885), Sec. 3216; Prac. Act, Sec. 194. 'Z'aleski vs. Clark, 45 Conn., 401. The general nature and history of these motions in Connecticut is fully explained in this case in a note, page 405. • Hilliard on New Trials, Sec. 1. Rev. Stat. Mont. (1888), page • Miller's Annot. Cases, Iowa, 1886, Sec. 4487. as a motion for a new trial by the appellate court."' 7 8 The granting of a new trial rests largely in the discretion of the trial judge, and his decision on the matter would not be disturbed by the appellate court except in clear cases. The right to move for a new trial is a comparatively recent addition to the system of common law pleading. SECTION 60. MOTION IN ARREST OF JUDGMENT. A motion in arrest of judgment, like a motion for a new trial, must be made in the court where the verdict was rendered. It can only be made by an unsuccessful defendant, and must be based on error apparent on the face of the record. SECTION 61. MOTION FOR JUDGMENT NON OBSTANTE This motion is made by the plaintiff. "It was made in cases where, after a pleading by the defendant in confession and avoidance, as, for example, a plea in bar and issue joined thereon, and verdict found for the defendant, the plaintiff, on retrospective examination of the record, conceives that such plea was bad in substance, and might have been made the subject of demurrer on that ground." SECTION 62. MOTION FOR A REPLEADER. "This motion may be made by the unsuccessful party, whether plaintiff or defendant, when he conceives that the issue joined was an immaterial issue, that is, not taken on a point proper to decide the action.' 7 Hartley vs. Chidester, 36 Kan., 363. 8 Thompson on Trials, Vol. II, Stephen on Pleading, Sec. 98. SECTION 63. WRITS OF ERROR. "A writ of error is a writ issued from a court of appellate jurisdiction directed to the judge or judges of a court of record, requiring them to remit to the appellate court the record of an action before them, in which a final judgment has been entered, in order that examination may be made of certain errors alleged to have been committed, and that the judgment may be reversed, corrected, or affirmed, as the case may require.” 10 A writ of error will only lie for substantial errors," never for mere formal errors.12 The errors relied upon must also appear upon the face of the record.1 In Machea vs. United States1 the court said on this point: "The district attorney for the United States has filed a motion to dismiss the appeal, because no bond was given, and because, the suit being one at law, no appeal would lie; and he also moves to dismiss the writ of error because there are no bills of exception nor assignments of error accompanying the same. The plaintiff in error makes no pretense that there is any appeal before the court, but does insist on his writ of error, and submits the case to the court on the facts as though the case were on appeal. The whole merits of the case are argued as though the court on writ of error could inquire into them and give relief. The jurisdiction of the court, however, extends no further than to pass upon such error as may appear by the record; and as there are no bills of exception to show any ruling of the court below 10 Block's Law Dictionary. 11 Harris vs. Cole, 2 Fla., 400. 1 Pettes vs. Com., 126 Mass., 242. 13 Claggett vs. Simes, 31 N. Y., 29; Gaffney vs. People, 50 N. Y., 416. 1426 Fed. Rep., 845. |