|
|
manner as other actions, or they may direct their clerk to
return the transcript of the record to the clerk of the county
court that gave the judgment, with a writ of procedendo to such
county court, directing them to proceed in such action, and to a
new trial thereof, in the same manner as if no trial had taken
place, or any appeal had been prosecuted, or writ of error
brought; and the opinion of the general court shall be conclu-
sive in law as to the question by them decided ; and such
county court, on receiving such writ of procedendo , shall pro-
ceed in such action, to a new trial thereof, in the same manner
as if no trial had taken place, or any appeal had been prosecu-
ted, or writ of error brought, and shall direct such action to be
tried at the court to which the said writ of procedendo shall be
returned, if the plaintiff or defendant shall give notice of trial at
such court, above thirty days before the sitting thereof, to the
adverse party, or to his attorney at law or in fact, and the trial
can be had at such court with justice to the parties, and if not,
such action may be continued in like manner as other actions,
according to the discretion of the court ; and the appellee on
such reversal may be compelled to pay the costs in the general
court, by execution issued therefrom, returnable thereto or to
the county court that gave the judgment; and all former and
future costs, in the county court, of such action, shall abide the
final event thereof;* and if the appeal or error shall be made for
several exceptions, the general court shall give judgment on
every exception ; provided, that nothing herein contained shall
prevent the party against whom judgment shall be rendered
by the general court, on such appeal, from appealing, or prose-
cuting a writ of error, to the court of appeals, according to the
law of the land,
*See ante page 233, 1785, ch. 80, sec. 6.
|
|
Court of
appeals
may direct
a new trial
in certain
cases, &c.
|
SEC. 3. And be it enacted. That in all cases of appeals or
writs of error hereafter to be prosecuted or brought before the
court of appeals by the defendant upon a bill or bills of excep-
tions, where the judgment excepted to shall be reversed, and it
shall clearly appear to the said court that justice and the merits
of the case require that there should be a new trial of the cause,
the said court shall direct their clerk to return a transcript of the
record to the clerk of the general court, with a writ of procedendo
to the judges of the general court, directing them to proceed in
such action, and to a new trial thereof, in the same manner as
if no trial had taken place, or any appeal had been prosecuted,
or writ of error brought; and the opinion of the court of appeals
shall be conclusive in law as to the question by them decided ;
and the general court, on receiving such writ of procedendo,
shall proceed in such action, and to a new trial thereof, in the
same manner as if no trial had taken place, or any appeal had
been prosecuted, or writ of error brought, and shall direct such
|
