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" Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5. "
Statutes of California and Digests of Measures - Side 40
av California - 1862
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A Treatise on Pleading and Practice Under the Indiana Code of Procedure ...

Asa Iglehart - 1879 - 1048 sider
...verdict is contrary to law). Seventh. Because of newly discovered evidence material for the defendant, which he could not with reasonable diligence have discovered and produced at the trial, in this, to wit, that although said defendant made diligent search and inquiry for all evidence that...
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - 1880 - 864 sider
...Accident or surprise, which ordinary prudence could not have guarded against ; 4. Newly-discovered evidence, material for the party making the application, which he could not, with reasonable diligence, liave discovered and produced at the trial. 3. Lxcessive damages, appearing to have been given uuder...
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Laws of the Territory of Idaho

Idaho (Ter.) - 1881 - 588 sider
...determination of cliuiice, such misconduct may be proved by the affidavit of any one of the jurors; 4. Newly discovered evidence, material for the party...diligence, have discovered and produced at the trial; 6. Insufficiency of the evidence to justify the verdict or other decision, or that it is against law;...
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Laws, Joint Resolutions, and Memorials, Passed at the ... Session of the ...

Nebraska - 1881 - 460 sider
...rendered, and shall, except for the cause of newly discovered evidence material for the party applying, which he could not with reasonable diligence have discovered and produced at the trial, or within three days after the verdict was rendered, unless unavoidably prevented. In assigning the...
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Criminal Law, Pleading and Practice in the Courts of the State of California ...

California - 1881 - 820 sider
...is contrary to law or evidence; 7. "When new evidence is discovered material to the defendant, and which he could not, with reasonable diligence, have discovered and produced at the trial. When a motion for a new trial is made upon the ground of newly discovered evidence, the defendant must...
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Reports ... Proceedings, Volum 25

Ohio State Bar Association - 1904 - 256 sider
...new trial, (a) except for the cause of newly discovered evidence, material for the party applying, which he could not with reasonable diligence have discovered, and produced at the trial, shall be made within three days after the verdict or decision is rendered, unless such party is unavoidably...
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The Compiled Statutes of the State of Nebraska: Comprising All Laws of a ...

Nebraska, Guy Ashton Brown - 1881 - 838 sider
...evidence, or is contrary to law. Seventh. Newly discovered evidence, material for the party applying, which he could not with reasonable diligence have discovered and produced at the trial. Eighth. Error of law occuring at the trial, and excepted to by the party making the application. SEC....
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Pacific Coast Law Journal: Containing All the Decisions of the ..., Volum 6

1881 - 1116 sider
...justified in granting a new trial upon this ground. 2. Newly-discovered evidence, material for contestant, which he could not with reasonable diligence have discovered and produced at the trial. Upon this point, the contestant offered the affidavit of himself and eight other persons, none of whom...
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The Penal Code of California: Enacted in 1872, as Amended in 1885

California - 1881 - 940 sider
...verdict is contrary to law or evidence. 7. When new evidence is discovered material to the defendant, and which he could not, with reasonable diligence, have discovered and produced at the trial. When a motion for a new trial is made upon the ground of newly-discovered evidence, the defendant must...
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Extraterritoriality: A Letter to the Chairman of the Senate Committee on ...

United States. Department of State - 1882 - 260 sider
...a fair trial. 2Д. Accident or surprise which ordinary prudence could not have guarded against. 3d. Newly discovered evidence, material for the party...diligence, have discovered and produced at the trial. 4th. Excessive damages, appearing to have been given under the infinence of passion or prejudice. 5th....
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