A motion for a new trial based on the ground of newly discovered evidence may be made only before or within two years after final judgment, but if an appeal is pending the court may grant the motion only on remand of the case. Southern Reporter - Side 2581913Uten tilgangsbegrensning - Om denne boken
| William Davison Hennen - 1852 - 902 sider
...knowledge. Act 20 March, 1839 ; Williams v. Brashear, 16 L. 77. 12. An application for a new trial, on ihe ground of newly discovered evidence, must be supported by the affidavit of the party making the application and not by the oath of his counsel, unless some sufficient reason... | |
| Ohio. Supreme Court - 1880 - 792 sider
...The State, 26 Ohio St. 208. The most difficult question remains. In hearing the case on this motion for a new trial, based on the ground of newly discovered evidence, will the district court be authorized to look to the evidence discovered since the September term,... | |
| Illinois. Appellate Court, James Bolesworth Bradwell - 1878 - 704 sider
...sum, is valid and enforceable. We also think the court below erred in overruling appellant's motion for a new trial, based on the ground of newly discovered evidence. The only witness by whom appellant proved the order endorsed on the capias fixing the sum in which... | |
| 1904 - 1164 sider
...motion, and an appeal was taken to the law court. Subsequently the defendant filed a further motion for a new trial, based on the ground of newly discovered evidence. 2. If it be conceded, after a review of the testimony reported upon the general motion for a new trial,... | |
| 1916 - 1336 sider
...excessive. [19] It Is further assigned that the court erred in refusing to sustain appellant's motion for a new trial based on the ground of newly discovered evidence. The evidence claimed to have been discovered since the trial, and upon which appellant relies, is that... | |
| Ohio. Circuit Courts - 1897 - 794 sider
...filed on behalf of the defendants below, in answer to those filed by plaintiff in support of his motion for a new trial, based on the ground of newly discovered evidence. This is especially provided for by Sec. 15308, Rev. Stat. 2nd. At the trial of the case, after the... | |
| Texas. Court of Civil Appeals - 1903 - 738 sider
...appellee was not guilty of contributory negligence. 3. There was no error in overruling defendant's motion for a new trial based on the ground of newly discovered evidence. The motion fails to show diligence on the part of defendant to discover this testimony before the trial.... | |
| Iowa. Supreme Court - 1904 - 888 sider
...correct. The verdict was returned on the 4th day of December, 1902. Thereafter defendant filed a petition for a new trial, based on the ground of newly discovered evidence. This petition came on for hearing at the May term, 1903, of the district court, and, after hearing... | |
| 1904 - 1332 sider
...correct. The verdict was returned on the 4th day of December, 1902. Thereafter defendant filed a petition for a new trial, based on the ground of newly discovered evidence. This petition came on for hearing at the May term, 1003, of the district court, and, after hearing... | |
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