The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
A trial judge suddenly called upon to make a ruling on some point
of law in the progress of a trial may make a wrong one. If so,
he may have an opportunity to correct it at a later stage of the
proceeding. He has admitted evidence which should have been
excluded. In his charge to the jury he may instruct them to
disregard it, and his error will thus be cured. He has excluded
evidence which should have been admitted. Before the case is
closed he can change his ruling and allow it to come in. But so
long as any ruling stands unchanged, whether it is in accordance
with law or not, it is the law of the case for the purposes of
the trial. Counsel may endeavor to procure a reconsideration of
the question, but they cannot ask the jury to adopt a different
view from that taken by the judge. Their only remedy is by a
motion for a new trial, after the verdict, or proceedings in
error before a higher court.
* * * * *
Trial courts generally sit during a greater number of hours in
the day than appellate courts. This is particularly true when
they are held for short terms in a country shire town. In the
larger cities where they sit during a large part of the year they
generally have established hours from which they rarely depart,
such as from ten in the morning to five in the afternoon, with a
recess of an hour for lunch or dinner. Formerly nine o'clock was
a more common hour for opening court. In New York in 1829 the
sittings were from eight to three, when there was a recess of two
hours for dinner, and then from five till some time in the
evening, occasionally as late as ten.[Footnote: Kennedy, "Memoirs
of William Wirt," II, 231.]
The modern tendency everywhere is toward a shortening of the
hours of daily session, especially when an official stenographer
is employed.
The clerk keeps a docket-book in which each case returned to
court is entered and numbered. The entry reads thus:
John Doe
Smith
vs.
Richard Roe
Jones.
Public-domain text, read in full here on John Shaqi.
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