 ... 2. Insufficiency of the evidence to justify the findings and decision. " 3. Newly discovered evidence material to defendants and which could not with reasonable diligence have been discovered and produced at the trial.  The Pacific Reporter - Σελίδα 2541901Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | 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 - 1873 - 616 σελίδες
..."Because the plaintiff has discovered new and material evidence, since the trial of this cause, which could not, with reasonable diligence, have been discovered and produced at the trial." 6. " Error of law occurring at the trial and excepted to by the party making the application." 7. "... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1904 - 598 σελίδες
...cumulative merely ; that it be such as to render a different verdict reasonably probable upon a retrial; and that the evidence could not, with reasonable diligence, have been discovered and produced at the trial." Newly-discovered evidence which is impeaching is looked upon with equal distrust as cumulative evidence,... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1903 - 612 σελίδες
...untrue. The motion for a new trial was supported by affidavits showing newlydiscovered evidence, which could not with reasonable diligence have been discovered and produced at the trial, and which is of such a character as to strongly tend to corroborate the testimony of the defendant It is... | |
 | Asa Iglehart - 1879 - 1048 σελίδες
...it is not only necessary that it should be, in compliance with this statutory specification, such as could not with reasonable diligence have been discovered and produced at the trial, but must be material in its object, going to the merits of the case; and not merely cumulative, 4 corroborative... | |
 | United States. Supreme Court - 1896 - 1242 σελίδες
...Justify the findings and decision. "(3) Newly-discovered evidence material to defendants, and which could not with reasonable diligence have been discovered and produced at the trial. "(4) That the findings are against law. "(5) Errors In law occurring at the trial, and excepted to... | |
 | California. Legislature - 1883 - 561 σελίδες
...guarded against. 3. Newly discovered evidence, material for the party making the application, which could not with reasonable diligence have been discovered and produced at the trial. 4. Insufficiency of evidence to justify the decision, or that it is against law. 5. Error of law occurring... | |
 | Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1883 - 858 σελίδες
...discovered : Rowe v. Grand Trunk RW Co., 16 CP 500." And there is the familiar rule, that it must be shewn that the evidence could not with reasonable diligence have been discovered, and have been given before. Mr. Walker's affidavit is very indefinite. It does not fulfil the conditions... | |
 | 1918 - 1234 σελίδες
...discovered evidence, it must appear that the evidence relied on is in fact newly discovered, and that it could not, with reasonable diligence, have been discovered and produced at the trial. 2. NEW TRIAL «=»97— GROUNDS— SURPRISE. A new trial on the ground of surprise will not be granted... | |
 | 1907 - 1332 σελίδες
...reason to grant a new trial: First, it must appear that the evidence is material; and, second, that it could not with reasonable diligence have been discovered and produced at the trial. Cahill In his petition does not assign any reason why he did not discover the testimony that Pfanstell... | |
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