|
cause to be tried at the court to which the said writ of proce-
dendo 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 his attorney at law or in fact,
and the trial can be had at such court with justice to the par-
ties, 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 court of appeals, by execution issued therefrom, returna-
ble thereto or to the general court ; and all former and future
costs, in the general court, of such action, shall abide the final
event thereof; and if the appeal or error shall be made for seve-
ral exceptions, the court of appeals shall give judgment on every
exception.
|
|
|
SEC. 4. And be it enacted. That in all cases of appeals or
writs of error hereafter to be prosecuted or brought before the
general court by the defendant upon a bill or bills of exceptions,
where the judgment excepted to shall be reversed, and it shall
clearly appear to the general court that justice and the merits of
the case require that there should be a new trial of the cause,
the said court may, in their discretion, retain such action, and
proceed to the trial thereof, in the same manner as if originally
and legally commenced in the general court, and may direct the
trial thereof, if the same can be had with justice to the parties,
at the court of reversal, or they may continue the same in like
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 conclusive in law
as to the question by them decided ; and such county court, oil
receiving such writ of procedendo, shall proceed in such action,
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 action to be tried at the court to
which the said writ of procedendo shall be returned, if the plain-
tiff or defendant shall give notice of trial at such court, above
thirty days before 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 con-
tinued in like manner as other actions, according to the discre-
tion 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
|
In certain
cases gene-
ral court
may pro-
ceed to
trial, &c.
|
