 | 1919 - 1026 sider
...motion for a new trial should not prevail. The statute In relation to this ground for a new trial says: "Newly discovered evidence, material for the party...diligence, have discovered and produced at the trial." (Italics ours.) See, also, Hayne on New Trial and Appeal, § 92; Spelling, New Trial, $§ 205 to 218... | |
 | 1894 - 1166 sider
...such ground must possess several requisites, not one of which existed In this case. Newly-discovered evidence, material for the party making the application,...diligence, have discovered and produced at the trial, Is one of the grounds for a new trial enumerated in the Code. The application of the party desiring... | |
 | Utah - 1884 - 666 sider
...passion; 3. Insufficiency of the evidence to justify the verdict or other decision; 4. Xcwly dis<»vered evidence material for the party making the application,...reasonable diligence have discovered and produced at the time. SEC. 853. The application shall be made upon affi- App i icaticm n0 w davit and notice. The affidavit... | |
 | 1892 - 1156 sider
...provided that when an application lor n new trial is based upon theground, among others, of insufficiency of the evidence to justify the verdict or other decision, or that it is against law, it may be made at the option of the moving party, either upon the minutes oí the court or upon a bill... | |
 | Nevada - 1885 - 1332 sider
...passion ; or, third, insufficiency of the evidence to justify the verdict or other decision ; fourth, ށ " ށ K ށ ...State Printing" " Nevada( . 0 | X 8 Z b o time. Application. 36O2. SEC. 580. The application shall be made upon affidavit and notice. The affidavit... | |
 | Minnesota - 1891 - 666 sider
...the verdict, report or decision is not justified by the evidence, or is contrary to law. "Sixth — Newly discovered evidence, material for the party...diligence have discovered and produced at the trial. "Seventh — Error in law occurring at the trial and ex cepted to by the party making the application."... | |
 | 1891 - 1266 sider
...to the motion. One of the grounds on which a motion for n new trial can be made is "newly-discovered evidence, material for the party making the application,...diligence have discovered and produced at the trial." Paragraph 4, § 5088, Сотр. Laws. Applications on this ground are addressed to the discretion of... | |
 | 1892 - 1170 sider
...(section Ilu5.) simplifies the requirement, and mnkes the new triul admissible for" newly-discovered evidence, material for the party making the application,...could not with reasonable diligence have discovered find produced at the trial." Hut, after nil is said and done, any attempt to lay down rules of construction... | |
 | South Dakota. Supreme Court - 1918 - 804 sider
...[i] Section 301, CCP, provides that a new trial may be granted for the following among other causes : "5. Excessive damages, appearing to have been given...verdict or other decision, or that it is against law." [i] The motion in this case was made upon the first ground announced in subdivision 6. There seems... | |
 | Colorado. Court of Appeals - 1895 - 668 sider
...new trial upon such ground must possess several requisites, not one of which existed in this case. Newly discovered evidence, material for the party...diligence have discovered and produced at the trial, is one of the grounds for a new trial enumerated in the code. The application of the party desiring... | |
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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. 
