...Error of law occurring at the trial. Eighth. Newly-discovered evidence, material for the defendant, which he could not, with reasonable diligence, have discovered and produced at the trial. Affidavits showing the facts as to diligence must be filed when a new trial is sought on account of...

...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 the time; eif/hth, error of law, occurring at the trial, excepted to by the party making the application."...

...which existed in this case. Newly discovered evidence, material for the party making the application, which he could not with reasonable diligence have discovered and produced at the trial, is one of the grounds for a new trial enumerated in the code. The application of the party desiring...

...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. (37) Where a party discovers testimony, even after the argument has commenced, and it can then be given,...

...motion for a new trial were as follows: "(3) Newly-discovered evidence material for the defendant, which he could not with reasonable diligence have discovered and produced at trial, as shown by affidavit attached hereto, filed herewith, end marked 'I.' " "(5) Accident and surprise...

...part of the record, cannot properly be considered. (La Fetra v. Gleasou, 101 Gal. 246.) 123. Where a motion for a new trial is made upon the ground of newly discovered evidence, affidavits inserted In the transcript which are not incorporated 'n any bill of exceptions, nor identified...

...evidence contrary to law, and excepted to at the time ; newly discovered evidence, material to the party, and which he could not, with reasonable diligence, have discovered and produced at the trial ; and that the damages awarded are excessive. The office of a motion for new trial is, to bring before...

...provides that a new trial may be granted for "Newly discovered evidence material for the defendant, which he could not, with reasonable diligence, have discovered, and produced at the trial." Whether this evidence, if it had been submitted at the trial, would probably have changed the result...

...$20; for argament, |40. In Eussell v. Eaudall, 123 NY 436, 25 N. E. 931, it seems to be conceded that, when a motion for a new trial is made upon the ground of newly-discovered evidence, it must be made upon a case under section 997 of the Code of Civil Procedure,...

...motion for a new trial, upon the ground that, since the taking of the last appeal, new evidence had been discovered material to the defendant, and which he...diligence have discovered and produced at the trial. The defendant did not offer or request permission to read in support of said motion any affidavit,...