 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 95by Idaho - 1866Full view - About this book
 | 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 - Law reports, digests, etc - 1865 - 722 pages
...causes, among which is the following: "Seventh. Newlydiscovered evidence material for the party applying, which he could not with reasonable diligence have discovered and produced at the trial." 2 G. & H. 213, sec. 352. It is further provided that " the application must be by motion, upon written... | |
 | California, Theodore Henry Hittell - Law - 1865 - 662 pages
...contrary to law or evidence. Seventh. When new evidence is discovered material to the defendant, and which he could not, with reasonable diligence, have discovered and produced at the trial ; bnt when a motion for a new trial is made upon this ground, the defendant must produce at the hearing... | |
 | Montana (Ter.) - Law - 1866 - 792 pages
...justify the verdict, or other decision. Fourth, Newly-discovered evidence, material for the party making the application, which he could not with reasonable...diligence have discovered and produced at the trial. SEC. 636. The application shall be made upon affidavit and notice ; the affidavit shall be filed with... | |
 | Montana - Session laws - 1866 - 802 pages
...justify the verdict, or other decision. Fourth, Newly-discovered evidence, material for the party making the application, which he could not with reasonable...diligence have discovered and produced at the trial. SEC. 636. The application shall bo made upon affidavit and notice; the affidavit shall be filed with... | |
 | Nevada - Session laws - 1866 - 340 pages
...under the influence of passion. Third — Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the time. But no motion for a new trial shall stay execution, unless the Justice shall make an order granting... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1868 - 630 pages
...fourth cause enumerated in this section is, " Newly discovered evidence, material for the party making the application, which he could not with reasonable...diligence have discovered and produced at the trial." Section 194 provides that where newly discovered evidence is the ground upon which the new trial is... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1869 - 622 pages
...guarded against. Fourth — Newly discovered evidence material for the party making the application, and which he could not, with reasonable diligence, have discovered and produced at the trial. Fifih — Excessive damages, appearing to have been given under the influence of passion or prejudice.... | |
 | Ohio - Session laws - 1869 - 472 pages
...sufficient evidence, or is contrary to law. 5. Newly discoveied evidence material for the defendant, which he could not with reasonable diligence have discovered and produced at the trial. 6. Error of law occurring at the trial. SEC. 193. The application for a new trial shall be by motion... | |
 | Charles W. Langdon - Constables - 1870 - 858 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. Pr. Act, 622. SEC. 3. The power to grant new trials is one exclusively of discretion — a legal... | |
 | Utah (Ter.) - Law - 1870 - 162 pages
...justify the verdict or other decision. Fourth — Newly discovered evidence material for the party making the application, which he could not with reasonable diligence have discovered and produced at the time. SEC. 578. The application shall be made upon affidavit and notice. The affidavit shall be filed... | |
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