| Georgia. Supreme Court - 1852 - 664 páginas
...evidence, to satisfy the Court, 1st. That the evidence has come to his knowledge since the trial. 2d. That it was not owing to the want of due diligence that it did not come sooner. 3d. That it is so material that it would probably produce a different verdict, if the new trial were... | |
| Georgia. Supreme Court - 1870 - 858 páginas
...evidence. To entitle a party to a newtrial on the ground of newly discovered evidence, he must show — 1. That the evidence has come to his knowledge since the trial. 2. That it is not owing to any want of diligence on his part that it did not come to his knowledge sooner. 3.... | |
| Pennsylvania. Courts, John Wayne Ashmead - 1871 - 572 páginas
...to satisfy the court : first, that the evidence has come to his knowledge since the trial; second, that it was not owing to the want of due diligence that it did not come sooner ; and, third, that it would probably produce a different verdict if a new trial were granted. Anew trial will... | |
| United States. Court of Claims - 1880 - 746 páginas
...Federal, and State courts. It is enough to say that it imposes upon the moving party these conditions: 1. That the evidence has come to his knowledge since...want of due diligence that it did not come sooner. 3. That it is so material that it would probably produce a different verdict if the new trial were... | |
| California - 1881 - 820 páginas
...incumbent on the party, who asks for a new trial on the ground of newly discovered evidence, to satisfy the court: 1. That the evidence has come to his knowledge...want of due diligence that it did not come sooner. 3. That it is so material that it would probably produce a different verdict if the new trial were... | |
| California - 1886 - 992 páginas
...new trial on the ground of newly discovered evidence to satisfy the court: 1. That the evidence baa come to his knowledge since the trial; 2. That it...want of due diligence that it did not come sooner; 3. That it is so material that it would probably produce a different verdict if the new trial were... | |
| 1894 - 1150 páginas
...whether competent or Incompetent; no reason is given for their nonproduction; and defendant has not shown that it was not owing to the want of due diligence that the after-discovered testimony (if any) did not sooner come to his knowledge. Under what rule of law... | |
| 1924 - 1208 páginas
...is requisite that one who seeks a new trial on the ground of newly discovered evidence shall show: "(1) That the evidence has come to his knowledge since...want of due diligence that it did not come sooner; (3) that it is so material that it would probably produce a different result if the new trial were... | |
| 1907 - 1350 páginas
...application must show, first, that the evidence has come to his knowledge since the trial; second, that it was not owing to the want of due diligence that it did not come sooner; third, that it is so material that it would probably produce a different result if the new trial were... | |
| 1920 - 1214 páginas
...other cases see came topic and KEY-NUMBER In all Key-Numbered Digests and Indexes Ma) MILLER v. PROUGH not owing to the want of due diligence that it did not come sooner; third, tbat it is so material that it would probably produce a different result, if the new trial were... | |
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