 | Law reports, digests, etc - 1886 - 890 pages
...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. But not... | |
 | Law reports, digests, etc - 1918 - 1336 pages
...trial is made must be stated in writing, and filed at the time of making the motion." Where application for a new trial is made upon the ground of newly discovered evidence, the practice is the same In criminal, as In civil cases. Hays v. Commonwealth, 1-10 Ky. 184, 130 SW 9S7;... | |
 | Law reports, digests, etc - 1922 - 1202 pages
...subsection 7 of section 340 of the Code: "Newly discovered evidence, material for the party applying, which he could not, with reasonable diligence, have discovered and produced at the trial." If a new trial could be obtained upon th.e showing made here, then a litigant could try separately... | |
 | Ohio, William Henry Whittaker - Civil procedure - 1887 - 688 pages
...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. [51 v.... | |
 | Indiana - Law - 1888 - 1024 pages
...Error of law occurring at the trial. Eighth. Newly-discovered evidence, material for the defendant, ent or surprise, which ordinary prudence could not have guarded against. Fourth. Excessiv Ninth. When the verdict of the jury or the finding of the Court is contrary to law or the evidence.... | |
 | Seymour Dwight Thompson - Cross-examination - 1889 - 1428 pages
...prudence could not have guarded against; and (4) newly discovered evidence, material to the party applying which he could not, with reasonable diligence, have discovered and produced at the trial. Many States include all the grounds, others only part of them.5 In i Dawson v. Coffman, 28 Iiid. 220.... | |
 | California. Supreme Court - Law reports, digests, etc - 1918 - 912 pages
...prudence could not have guarded against; 3, Newly discovered evidence material to the defendant's case which he could not with reasonable diligence have discovered and produced at the trial. The court granted said motion generally and it is its alleged error in so doing of which the appellant... | |
 | Minnesota - Session laws - 1891 - 666 pages
...contrary to law. "Sixth — Newly discovered evidence, material for the party making the application, which he could not with, reasonable diligence have discovered and produced at the trial. "Seventh — Error in law occurring at the trial and ex cepted to by the party making the application."... | |
 | South Dakota. Supreme Court - Court rules - 1902 - 760 pages
...new trial may be granted for newly discovered evidence, material to the party making the application, -which he could not, with reasonable diligence, have discovered and produced at the trial, where the affidavit did not state any reason why defendant had not procured the evidence at the trial,... | |
 | Indiana, Harrison Burns - Law - 1894 - 1050 pages
...Error of law occurring at the trial. Eighth. Newly-discovered evidence, material for the defendant, which he could not, with reasonable diligence, have discovered and produced at the trial. Affidavits showing the facts as to diligence must be filed when a new trial is sought on account of... | |
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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. 
