 Newly discovered evidence, material for the party making the application, which could not with reasonable diligence have been discovered and produced at the trial; 4.  Annual Report - Side 12av Board of Railroad Commissioners of the State of California, California Public Utilities Commission - 1901Uten tilgangsbegrensning - Om denne boken
 | United States. Congress. Senate - 1871 - 1256 sider
...a fair trial. i2d. Accident or surprise which ordinary prudence could not have guarded against. 3d. Newly discovered evidence, material for the party...which • could not, with reasonable diligence, have discovered and produced at the trial. 4th. Excessive damages, appearing to have been giveu under the... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1873 - 616 sider
...5. "Because the plaintiff has discovered new and material evidence, since the trial of this cause, which could not, with reasonable diligence, have been discovered and produced at the trial." 6. " Error of law occurring at the trial and excepted to by the party making the application." 7. "... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1903 - 612 sider
...are untrue. The motion for a new trial was supported by affidavits showing newlydiscovered evidence, which could not with reasonable diligence have been discovered and produced at the trial, and which is of such a character as to strongly tend to corroborate the testimony of the defendant... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1904 - 598 sider
...be such as to render a different verdict reasonably probable upon a retrial; and that the evidence could not, with reasonable diligence, have been discovered and produced at the trial." Newly-discovered evidence which is impeaching is looked upon with equal distrust as cumulative evidence,... | |
 | Asa Iglehart - 1879 - 1048 sider
...it is not only necessary that it should be, in compliance with this statutory specification, such as could not with reasonable diligence have been discovered and produced at the trial, but must be material in its object, going to the merits of the case; and not merely cumulative, 4 corroborative... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1879 - 658 sider
...this ground, the statute expressly requires the applicant to show that the newly discovered evidence could not with reasonable diligence have been discovered and produced at the trial. Id ,*,,• 406 10. Evidence. To warrant a verdict of guilty in a criminal case it is not required jthat... | |
 | California. Legislature - 1883 - 561 sider
...application may be made upon any or all of the following grounds: 1. Irregularity in the proceedings or abuse of discretion, by which the party was prevented from...occurring on the trial. Sections 658, 659, and 660 o£ the Code of Civil Procedure, shall be applicable to such reheaiings. RULE XVI. Sections 668, 669,... | |
 | United States. Supreme Court - 1896 - 1242 sider
...evidence to Justify the findings and decision. "(3) Newly-discovered evidence material to defendants, and which could not with reasonable diligence have been discovered and produced at the trial. "(4) That the findings are against law. "(5) Errors In law occurring at the trial, and excepted to by defendants."... | |
 | 1918 - 1234 sider
...discovered evidence, it must appear that the evidence relied on is in fact newly discovered, and that it could not, with reasonable diligence, have been discovered and produced at the trial. 2. NEW TRIAL «=»97— GROUNDS— SURPRISE. A new trial on the ground of surprise will not be granted... | |
 | 1886 - 940 sider
...for a new trial on the ground of newly-discovered evidence. No reason is shown why the evidence might not, with reasonable diligence,, have been discovered and produced at the trial. To entitle one to relief in such a case, strict proof of diligence is required, "and a general averment... | |
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