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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. "
Reports of Cases Decided in the Supreme Court of the State of Indiana - Page 252
by Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - 1911
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Reports of Civil and Criminal Cases Decided by the ..., Volume 2; Volume 59

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1860 - 730 pages
...except at the time the decision is made. (Civil Code, section 364.) A new trial may be granted for error of law occurring at the trial and excepted to by the party making the application. (Section 369.) The effect of these provisions is, that an error committed by the court on the trial...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...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 excepted to by the party making the application. §...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - 1851 - 548 pages
...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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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...guarded against : 4th. Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial : 5th. Excessive damages, appearing to have been given under the influence of passion or prejudice...
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A Treatise on the Practice of the Courts of the State of California ...

Jesse B. Hart - 1853 - 334 pages
...have guarded against ; Newly discovered evidence, material for the party making the application, which he could not with reasonable diligence have discovered and produced at the trial ; Excessive damages appearing to have been given under the influence of passion or prejudice ; Insufficiency...
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The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - 1855 - 670 pages
...guarded against ; 4. Newly discovered evidence, material for the party makingthe application, which he could not, with reasonable diligence, have discovered and produced at the trial ; is wen. ses; 5. Excessive damages, appearing to have been given under the aj^R/Ssi influence of passion...
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The Revised Code of the District of Columbia

District of Columbia - 1857 - 788 pages
...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. SEC....
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - 1857 - 834 pages
...other decision. 4. Newly discovered evidence, material for the party making the application, which he could not with reasonable diligence have discovered and produced at the time. ART. 1350, Sec. 623. The application shall be made upon affidavit and notice. The affidavit shall...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - 1858 - 586 pages
...the evidence to justify the verdict, or other decision, or that it is against law. 7th. Error in law, occurring at the trial, and excepted to by the party making the application. 1. If improper evidence be permitted tobe given to a jury, a new trial will be granted, unless the...
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The Statutes of the Territory of Kansas

Kansas - 1858 - 482 pages
...tlontobemade except for the cause of newly discovered evidence material for the party applying, which he could not with reasonable diligence have discovered and produced at the trial, shall be within three days after the verdict or decision was rendered, unless unavoidably prevented....
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