 | Kentucky. Court of Appeals - Law reports, digests, etc - 1875 - 910 pages
...on the 9th day of July, 1867, filed a petition for an order vacating the judgment against him, and a new trial on the ground of accident or surprise...which ordinary prudence could not have guarded against (Civil Code, sees. 369, 373), and also for alleged " unavoidable casualty or misfortune," preventing... | |
 | California. Supreme Court - Law reports, digests, etc - 1872 - 730 pages
...afterwards excluding it from the jury. This was assigned as a ground for new trial, under [392] the head of *" accident or surprise, which ordinary prudence could not have guarded against." And the refusal to grant said new trial upon said ground is -claimed as cause for reversal. The counsel... | |
 | 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 - Law reports, digests, etc - 1904 - 636 pages
...favor of the plaintiff. Thereafter the defendant presented a motion for a new trial, upon the grounds of accident or surprise which ordinary prudence could not have guarded against; newly discovered evidence; and insufficiency of the evidence to justify the decision of the court.... | |
 | Law reports, digests, etc - 1894 - 1170 pages
...80, says: "The negligence of the party is no ground for a new trial. The provision of the Code Is: 'Accident or surprise which ordinary prudence could not have guarded against' And the negligence of the attorney is the negligence of the party, within the meaning of the subdivision.... | |
 | Law reports, digests, etc - 1912 - 1164 pages
...overruling defendant's motion to set aside the judgment and grant a new trial. To make out the case of accident or surprise which ordinary prudence could not have guarded against, indicated by the fifth, sixth, and seventh paragraphs of said motion, defendant filed numerous affidavits... | |
 | Law reports, digests, etc - 1886 - 940 pages
...founded, as stated in the affidavit of Mr. Franklin, at that time the attorney for the defendants, veas that the defendants were not aware that the cause...interfere. The great length of time that the cause had been pending, the fact that no written application for a continuance was made, the entire absence... | |
 | Law reports, digests, etc - 1886 - 948 pages
...he was called away from court in Graham county on business elsewhere, and in his absence the pause was set for trial. These were the facts upon which...interfere. The great length of time that the cause had been pending, the fact that no written application for a continuance was made, the entire absence... | |
 | California. Supreme Court - Law reports, digests, etc - 1876 - 796 pages
...v. Kinygold, 335. 14. SAMK. — If relief can be obtained in such cases, it must be by a motion for a new trial, on the ground of accident or surprise,...ordinary prudence could not have guarded against. Id. 15. CLEKK MAY ENTER JUDGMENT IN VACATION. — If the judgment has been pronounced by the Court,... | |
 | Law reports, digests, etc - 1888 - 986 pages
...motion in the district court to vacate a judgment rendered in the absence oí the defendants, and grant a new trial on the ground of "accident or surprise...ordinary prudence could not have guarded against, " it was shown by the affidavit of the male defendant that he had employed В., the firm of S. & D.,... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1888 - 916 pages
...motion in the district court to vacate a judgmtnt lendeud in tl:e nlsence of the defendants, and grant a new trial on the ground of accident or surprise...ordinary prudence could not have guarded against, it was shown by the affidavit of the male defendant that he had employed B., the firm of S. & D., and... | |
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... accident or surprise which ordinary prudence could not have guarded against... 
