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New trial

New trial. If any defect of judgment happen from causes wholly extrinsic, i.e., arising from matters foreign to or dethors the record, the only remedy the party injured by it has (except formerly error coram nobis...

Misnomer

Misnomer, a wrong name. Nil facit error nominis cum de corpore vel persona constat. 11 Rep. 21.--(A mistake in the name does not matter when there is no mistake in the body or person.) Misnomers in...

Misconduct

Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma,...

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Stare decisis

Stare decisis, to abide by authorities or cases already adjudicated upon. The doctrine of precedent , under which it is necess-ary for a court to follow earlier judicial decisions when some points arise again in litigation,...

Error nominis

Error nominis, a mistake of detail in the name of a person; used in contradistinction to error de persona, a mistake as to identity. See Reg. v. Mellor, (1858) Dears & B 468.

reformation

reformation : the act or an instance of reforming ;specif : the equitable remedy of reforming a writing (as a deed or contract) and enforcing it as reformed NOTE: Reformation is allowed primarily to correct mistakes...

Default

Default, omission of that which a man ought to do; neglect. When a defendant neglects to take certain steps in an action, which are required by the rules of Court, the Court may thereupon give judgment...

error

error : an act that through ignorance, deficiency, or accident departs from or fails to achieve what should be done [procedural s] ;esp : a mistake made by a lower court in conducting judicial proceedings or...

Actus curiae neminem gravabit.

Actus curiae neminem gravabit. Jenk. Cent. 119.--(An act of the Court will hurt no person) See Broom's Leg. Max., citing Cumber v. Wane, (1719) 1 Str. 126; 1 Smith L. C., in which it was held...

Clerical or arithmetical error

Clerical or arithmetical error, A clerical or arithmetical error is an error occasioned by an accidental slip or omission of the court. It represents that which the the court never intended to say. It is an...

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