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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. "
The Pacific Reporter - Σελίδα 88
1888
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 1

Great Britain. Court of King's Bench, Sandford Nevile, Sir William Montagu Manning - 1834 - 842 σελίδες
...to the licence. Roberts v. Dai'cy. Page 443 MISDEMEANOR, 275. Sec BILL AND NOTE, 2. MISDIRECTION. 1. To entitle a party to a new trial on the ground of misdirection, it must be shewn that the jury has been thereby induced to form a wrong conclusion. Duke...

Reports of Cases Relating to the Duty and Office of ..., Τεύχος 15,Τόμος 1

Great Britain. Court of King's Bench - 1834 - 682 σελίδες
...been distinctly taken at the trial, and being strictissimi juris. Pcaprase v. Johns and others. 429 2. To entitle a party to a new trial on the ground of misdirection, it must be shewn that the jury has been thereby induced to form a wrong conclusion. The...

The Practice of Country Attornies and Their Agents, in the Courts of Law at ...

John Frederick Archbold - 1838 - 842 σελίδες
...strong ohservations upon it, this was holden not to amount to misdirection. Melmv. Taylor, 2 Hod. 3. And to entitle a party to a new trial on the ground of misdirection, it must appear that the jury were therehy induced to come to awrong conclusion. Duke...

The Practice of the Law in All Its Departments: With a View of ..., Τόμος 4

Joseph Chitty - 1838 - 730 σελίδες
...whether or not there was reasonable or probable cause, it being a mixed question of law and fact.(Z) To entitle a party to a new trial on the ground of misdirection, it must be shown that the jury were thereby induced to form a wrong conclusion, (m) Where...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 2

Arkansas. Supreme Court - 1841 - 662 σελίδες
...manifest violation of public duty, seriously prejudging the rights of the party complaining. In order to entitle a party to a new trial, on the ground of newly discovered evidence, the affidavit in the case must show : First, the names of witnesses whose...

The New Practice of Attornies in the Courts of Law at Westminster: With ...

John Frederick Archbold - 1844 - 522 σελίδες
...observations upon it, this was holden not to amount to misdirection. Melin v. Taylor, 2 Hodg. 3. And to entitle a party to a new trial on the ground of misdirection, it must appear that the jury were thereby induced to come to a wrong conclusion. Duke...

A New Abridgment of the Law with Large Additions and Corrections, Τόμος 9

Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - 1846 - 708 σελίδες
...believes, on the advice of counsel, that it is a good and valid one. Dow v. Heinsburgh, 1 Aik. 35. To entitle a party to a new trial on the ground of surprise, it must appear not only that he is surprised, but that he is injured, and also how he can...

Reports of Cases at Law and in Equity Argued and Determined in the ..., Τόμος 26

Arkansas. Supreme Court - 1872 - 752 σελίδες
...preparation, and all right to afterwards object. fb. 5. MOTION FOR, ON NEWLY DISCOVERED EVIDENCE. — To entitle a party to a new trial, on the ground of newly discovered evidence, the affidavit must show, Fir•t. the names of witnessesjwhose testimony...

The Code of Civil Procedure of the State of New York: Reported ..., Τόμος 2

New York (State). - 1850 - 920 σελίδες
...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 cxcepted to by the party making the application. §...

Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Τόμος 1

Kentucky - 1851 - 548 σελίδες
...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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