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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;... "
The Northwestern Reporter - Página 387
1915
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The General Laws of the State of California, from 1850 to 1864, Inclusive ...

California, Theodore Henry Hittell - 1865 - 662 páginas
...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...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866 - 792 páginas
...evidence to justify the verdict, or other decision. Fourth, Newly-discovered evidence, material for the party making the application, which he could not...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...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1866 - 802 páginas
...evidence to justify the verdict, or other decision. Fourth, Newly-discovered evidence, material for the party making the application, which he could not...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...
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Statutes of the State of Nevada

Nevada - 1866 - 340 páginas
...to have been given under the influence of passion. Third — Newly discovered evidence, material for the party making the application, which he could not,...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...
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Laws of the Territory of Idaho

Idaho - 1866 - 350 páginas
...could not have guarded against. Fourth — Newly discovered evidence material for the party Baking the application, which he could not, with reasonable...diligence, have discovered and produced at the trial. Fifth — Excessive damages, appearing to have been' given under the influence of passion or prejudice....
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Reports of Decisions of the Supreme Court of the State of Nevada, Volumen3

Nevada. Supreme Court - 1868 - 630 páginas
...such party." The fourth cause enumerated in this section is, " Newly discovered evidence, material for the party making the application, which he could not...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...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volumen4

Nevada. Supreme Court - 1869 - 622 páginas
...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....
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Acts of the State of Ohio, Volumen66

Ohio - 1869 - 472 páginas
...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...
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Acts, Resolutions and Memorials Passed at the Annual Sessions of the ...

Utah (Ter.) - 1870 - 162 páginas
...evidence to justify the verdict or other decision. Fourth — Newly discovered evidence material for the party making the application, which he could not...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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Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - 1870 - 858 páginas
...the evidence to justify the verdict or other decision. 4th. Newly-discovered evidence material for the party making the application, which he could not...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...
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