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" ... an error, in the admission or exclusion of evidence, or in any other ruling or direction of the judge, upon the trial, may, in the discretion of the court which reviews it. be disregarded, if that court is of opinion, that substantial justice does... "
Reports of Cases Argued and Determined in the Superior Court of the City of ... - Page 434
by New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1890
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Albany Law Journal, Volume 32

1886 - 546 pages
...Scotia, where it is said to have proved successful. There is a provision in the law of New York that "An error in the admission or exclusion of evidence,...which reviews it be disregarded, if that court is of opiulou that substantial justice does not require that a new trial should be granted." This ia comprehensive...
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Albany Law Journal, Volume 27

1883 - 552 pages
...extending to trials before referees the provision of section 1003 of the Code of Civil Procedure, that error in the admission or exclusion of evidence, or in any other ruling of the judge upon the trial may be disregarded by the Appellate Court, if it be of opinion that substantial...
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Albany Law Journal, Volume 27

1883 - 548 pages
...extending to trials before referees the provision of section 1003 of the Code of Civil Procedure, that error in the admission or exclusion of evidence, or in any other ruling of the judge upon the trial may be disregarded by the Appellate Court, if it be of opinion that substantial...
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Laws of the State of New York, Volume 2

New York (State) - 1876 - 398 pages
...granted, as to g^j^'f' some of the questions so tried, and refused as to the others ; and an provisions error, in the admission or exclusion of evidence, or in any other ruling *n)epreto.We or direction of the judge, upon the trial, may, in the discretion of the court which reviews...
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The Code of Civil Procedure of the State of New York: Enacted 1876 and ...

New York (State), William Wait - 1877 - 662 pages
...some of p^.1" ' the questions so tried, and refused as to the others ; and an error, in p'ucab'teT the admission or exclusion of evidence, or in any other ruling or theretodirection of the judge, upon the trial, may, in the discretion of the court which reviews it,...
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The Code of Civil Procedure of the State of New York: Being Chapter 448 of ...

1878 - 462 pages
...granted, as to ^J^f • some of the questions so tried, and refused as to the others ; and an provisions error, in the admission or exclusion of evidence,...does not require that a new trial should be granted. Where the judge, who presided at the trial, neither entertains a motion for a new trial, nor directs...
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Howard's Practice Reports in the Supreme Court and Court of ..., Volume 54

Nathan Howard (Jr.), Rowland M. Stover - 1878 - 678 pages
...affidavit and allowed the testimony given by Goodell de bene esse to be read to the jury. If we are of opinion that substantial justice does not require that a new trial of this case should be had, we may disregard the error committed by the judge in admitting the deposition...
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The Code of Civil Procedure of the State of New York: Being Chapter 448 of ...

1879 - 456 pages
...an provisions error, in the admission or exclusion of evidence, or in any other ruling Jn>epreto.bl" or direction of the judge, upon the trial, may, in the discretion of the «wrt which reviews it, be disregarded ; if that court is of opinion, that '•jfietantial justice...
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The Code of Civil Procedure of the State of New York, Being Chapter 448 of ...

New York (State) - 1879 - 436 pages
...granted, as to ^'elffl' some of the questions so tried, and refused as to the others ; and an provisions error, in the admission or exclusion of evidence, or in any other ruling fnje1reto.bl8 or direction of the judge, upon the trial, may, in the discretion of the court which...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 8

Charles Patrick Daly - 1880 - 610 pages
...evidence, or in the ruling or direction of the judge, may be disregarded by the appellate court if the court is of opinion that substantial justice does not require that a new trial should be granted. (Code of 1877, § 1003.) This is the rule of the Common Pleas in England (Doe v. Tayh,r, 9 Brig. 561...
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