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" The former verdict or other decision may be vacated and a new trial granted, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: 1. "
The Pacific Reporter - Page 702
1885
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Consolidated supplement to the codes and general laws of the state of ...

California - 1919 - 2242 pages
...reviewable. [Amendment approved May 6, 1919; Stats. 1919, p. 288.] § 657. When new trial may be granted. The former verdict or other decision may be vacated...granted, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party : 1. Irregularity...
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The Codes of California ...: As Amended and in Force at the Close of the ...

California - 1922 - 1400 pages
...deciPac. 649. alón. — Benjamin v. Stewart, 61 Cal. 605, 608. § 667. WHEN NEW TRIAL MAY BE GRANTED. The former verdict or other decision may be vacated...granted, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party : 1. Irregularity...
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Cases Determined in the Supreme Court of Washington, Volume 116

Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1922 - 846 pages
...motion shall be filed more than one year after the final judgment was rendered." Rem. Code, §465. "The former verdict or other decision may be vacated and a new trial granted, on the motion of the party aggrieved, for any of the following causes materially affecting the substantial...
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A Treatise on Pleading and Practice in Courts of Record in Civil ..., Volume 2

Arthur B. Honnold - 1922 - 1046 pages
...of, the report of a referee, or a decision by the court. The former verdict, report or decision shall be vacated, and a new trial granted, on the application of the party aggrieved, for any of the following causes, affecting materially the substantial rights of such party: "First....
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The Code of Civil Procedure of the State of California in Four Parts ...

California - 1923 - 600 pages
...of fact in the same court after a trial and decision by a jury, court, or neferee. —1907-717. 657. The former verdict or other decision may be vacated...granted, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: 1. Irregularity...
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The Code of Civil Procedure of the State of California in Four Parts

California - 1923 - 952 pages
...Amdts. 1907, p. 717, Kerr's Stats, and Amdts. 1906-7, p. 451. § 657. WHEN NEW TRIAL MAY BE GRANTED. aim thereon, and all actions founded upon contracts, may for any of the following causes, materially affecting the substantial rights of such party: 1. Irregularity...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 60

1924 - 938 pages
...this action." Among the grounds specified in section 657 of the Code of Civil Procedure upon which "the former verdict or other decision may be vacated...granted on the application of the party aggrieved" are: First, insufficiency of the evidence to justify the verdict or other decision; second, that the...
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California Jurisprudence: A Complete Statement of the Law and ..., Volume 20

1925 - 1150 pages
...§64. In General. — Subdivision 5 of section 657 of the Code of Civil Procedure provides that the verdict or other decision may be vacated and a new trial granted for "Excessive damages appearing to have been given under the influence of passion or prejudice."20...
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Code Practice and Remedies: In Courts of Record in Civil Cases in ..., Volume 7

Bancroft-Whitney Company - 1928 - 1250 pages
...different theory.4 Under the various statutory "provisions relating to the grounds for new trials, a verdict or other decision may be vacated and a new trial granted on the application of the aggrieved party for "newly discovered evidence, material for the party making the application, which...
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The Central Law Journal, Volume 33

1801 - 518 pages
...ATTORNEY. The codes of -civil procedure generally provide that a "verdict, report or decision shall be vacated, and a new trial granted on the application of the party aggrieved," for "accident or surprise which ordinary prudence could not have guarded against."1 Accident is defined...
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