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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 Code of Civil Procedure of the State of California - Page 570
by California - 1872
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Reports of Civil and Criminal Cases Decided by the ..., Volume 39; Volume 146

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1912 - 970 pages
...grounds, that a verdict or decision may be vacated and a new trial granted, for the following causes : "4. Excessive damages, appearing to have been given under the influence of passion or prejudice : "6. That the verdict or decision is not sustained by sufficient evidence, or is contrary to law." The grounds...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 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). - 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 - 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 - 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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A Treatise on the Practice of the Courts of the State of California ...

Jesse B. Hart - 1853 - 334 pages
...prudence could not have guarded against ; jSTewly 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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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...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 - 1853 - 334 pages
...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 of the evidence to justify the verdict or other decision ; or that the judgment...
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The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - 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 - 1857 - 834 pages
...justify the verdict or other decision. 4. Newly discovered evidence, material for the party making the ir going to and from, and attendance on Congress, except for treason, felony, or breach of th time. ART. 1350, Sec. 623. The application shall be made upon affidavit and notice. The affidavit shall...
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