Hawks v. Baker
Supreme Judicial Court of Maine
In this case it appeared that at the trial of the issue of fact, before the Chief Justice, one Leonard being called among the witnesses on the part of the plaintiff, did not come forward to be sworn with the others, being ignorant of the course of judicial proceedings; but that the counsel for the plaintiff, supposing that he had been sworn with the others, called him to the stand as a witness, where he testified in chief, and was cross examined.
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In this case it appeared that at the trial of the issue of fact, before the Chief Justice, one Leonard being called among the witnesses on the part of the plaintiff, did not come forward to be sworn with the others, being ignorant of the course of judicial proceedings; but that the counsel for the plaintiff, supposing that he had been sworn with the others, called him to the stand as a witness, where he testified in chief, and was cross examined. He supposed that he had been sworn, and remained under that belief till after his testimony was closed ; and the parties and their counsel remained…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court.
The facts on which the motion for a new trial aro founded are certainly peculiar, and we have not found any case very nearly resembling it. Under the circumstances disclosed in the report, ought a new trial to be granted ? Motions of this kind are addressed to the discretion of the court; and for that very reason it is often difficult to decide them, on account of those doubts which exist as to the course which a sound discretion seems to require us to pursue. It is a well settled principle of law that no evidence can be permitted to go to the…
2Cited by6 opinions
- Gibbons v. TerritoryCourt of Criminal Appeals of Oklahoma · 1911
- State v. WilliamsWest Virginia Supreme Court · 1901
- People Ex Rel. Niebuhr v. . McAdooNew York Court of Appeals · 1906
- Sewall v. Spinney Creek Oyster Co., Inc.Supreme Judicial Court of Maine · 1980
- State v. LugarSupreme Court of Iowa · 1901
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