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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. Excessive damages, appearing to have been given under the influence of passion or prejudice;... "
Laws of the Territory of Idaho - Page 95
by Idaho - 1866
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...decision : or that it is against law : 6. Newly discovered evidence, material for the party making the application, which he could not with reasonable...diligence have discovered and produced at the trial : 7. Error in law, occurring at the trial, and excepted to by the party making the application. §...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 pages
...prevailing party : 3. Accident or surprise, which ordinary prudence could not have guarded against : 4. Excessive damages, appearing to have been given under the influence of passion or prejudice : 5. Insufficiency of the evidence to justify the verdict or other decision : or that it...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851 - 548 pages
...sufficient evidence, or is contrary to law. 7. Newly discovered evidence, material for the party applying, which he could not, with reasonable diligence, have discovered and produced at the trial. 8. Error of law occurring at the trial, and excepted to by the party making the application. § 382....
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - Session laws - 1851 - 544 pages
...prevailing party. 3. Accident or surprise which ordinary prudence could not have guarded against. 4. Excessive damages, appearing to have been given under the influence of passion or prejudice. 5. Error in the assessment of the amount of recovery, whether too large or too small, where...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...prudence could not have guarded against : 4th. Newly discovered evidence, material for the party making the application, which he could not, with reasonable...diligence, have discovered and produced at the trial : 5th. Excessive damages, appearing to have been given under the influence of passion or prejudice...
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A Treatise on the Practice of the Courts of the State of California ...

Jesse B. Hart - Civil procedure - 1853 - 334 pages
...prudence could not have guarded against ; Newly discovered evidence, material for the party making the application, which he could not with reasonable...diligence have discovered and produced at the trial ; Excessive damages appearing to have been given under the influence of passion or prejudice ; Insufficiency...
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The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - Law - 1855 - 670 pages
...n'ot hare i do. 881. guarded against ; 4. Newly discovered evidence, material for the party makingthe application, which he could not, with reasonable diligence, have discovered and produced at the trial ; is wen. ses; 5. Excessive damages, appearing to have been given under the aj^R/Ssi influence of passion...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - Law - 1857 - 834 pages
...justify the verdict or other decision. 4. Newly discovered evidence, material for the party making the application, which he could not with reasonable diligence have discovered and produced at the time. ART. 1350, Sec. 623. The application shall be made upon affidavit and notice. The affidavit shall...
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The Revised Code of the District of Columbia

District of Columbia - Law - 1857 - 788 pages
...is rendered, and 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 within ten days after the verdict, report, or decision was rendered, unless unavoidably prevented....
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - Civil procedure - 1858 - 320 pages
...justify the verdict or other decision ; 4th. Newly discovered evidence material for the party making the application, which he could not with reasonable diligence have discovered and produced at the time. counter affidavits on the motion, provided they be filed one day previous to the hearing of the...
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