 | Nevada - 1866 - 340 pages
...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 - 1868 - 630 pages
...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 - 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.... | |
 | 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 - 1869 - 624 pages
...plaintiff before said testimony was given. "4. Newly discovered evidence, material for the plaintiff, and which he could not, with reasonable diligence, have discovered and produced at the trial." In support of these causes .the appellant filed the affidavits of himself and one Abigail Winborough.... | |
 | Ohio - 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 - 1870 - 858 pages
...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.) - 1870 - 162 pages
...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... | |
 | Wyoming - 1870 - 808 pages
...evidence, or is contrary to law. Seventh, Newly discovered evidence material for the party applying, -which he could not with reasonable diligence have discovered and produced at trial. Eighth, Error of law occurring at the trial, and excepted to by the pa^rty making the application.... | |
 | California - 1872 - 698 pages
...arising during the course of the trial; S 6. When the verdict is contrary to law or evidence; 7. When new evidence is discovered material to the ( defendant,...diligence, have discovered and produced at the trial; .' but when a motion for a new trial is made upon this \ ground, the defendant must produce at the... | |
 | California - 1872 - 774 pages
...have guarded against. 4. 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. 6.... | |
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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. 
