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" When new evidence is discovered material to the defendant, and which he could not, with reasonable diligence, have discovered and produced at the trial. "
Acts, Resolutions and Memorials of the Regular Session ... Legislature of ... - Page 136
by Arizona - 1912
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - Civil procedure - 1860 - 388 pages
...have 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. 6th....
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Session Laws

North Dakota - Session laws - 1862 - 640 pages
...is rendered, and 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 wağ rendered, unless unavoidably prevented....
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Statutes of California and Digests of Measures

California - Session laws - 1863 - 908 pages
...other than a fair expression of opinion on the part of all the jurors. iSVcrn//*—When new e%'idcnco is discovered material to the defendant, and which...diligence, have discovered and produced at the trial; but when a motion fora new trial is made upon this ground, the defendant must produce at the hearing...
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Laws of the Territory of Idaho

Idaho (Ter.) - Law - 1864 - 762 pages
...guarded against. Fourth. Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial. Fifth. Excessive damages, appearing to have been given under the influence of passion or prejudice....
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Laws of the Territory of Idaho

Idaho - Law - 1864 - 734 pages
...guarded against. Fourth. Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial. Fifth. Excessive damages, appearing to have been given under the influence of passion or prejudice....
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The General Laws of the State of California, from 1850 to 1864, Inclusive ...

California, Theodore Henry Hittell - Law - 1865 - 662 pages
...arising during the course of the trial. Sixth. When the verdict is contrary to law or evidence. Seventh. person or persons, body politic or corporate, reside...shall be deemed guilty of forgery, and upon convi ; bnt when a motion for a new trial is made upon this ground, the defendant must produce at the hearing...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 23

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 - Law reports, digests, etc - 1865 - 722 pages
...causes, among which is the following: "Seventh. Newlydiscovered evidence material for the party applying, which he could not with reasonable diligence have discovered and produced at the trial." 2 G. & H. 213, sec. 352. It is further provided that " the application must be by motion, upon written...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - Session laws - 1866 - 802 pages
...or other decision. Fourth, Newly-discovered evidence, material for the party making the application, which he could not with reasonable diligence have discovered and produced at the trial. SEC. 636. The application shall bo made upon affidavit and notice; the affidavit shall be filed with...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - Law - 1866 - 792 pages
...guarded against. Fourth, Newly-discovered evidence, material for the party making the application, but which he could not with reasonable diligence have discovered and produced at the trial. Fifth, Excessive damages, appearing to have been given under the influence of passion or prejudice....
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Reports of Decisions of the Supreme Court of the State of Nevada, Volume 3

Nevada. Supreme Court - Law reports, digests, etc - 1868 - 630 pages
...enumerated in this section is, " Newly discovered evidence, material for the party making the application, which he could not with reasonable diligence have discovered and produced at the trial." Section 194 provides that where newly discovered evidence is the ground upon which the new trial is...
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