 | Colorado. Court of Appeals - Law reports, digests, etc - 1895 - 668 pages
...which existed in this case. Newly discovered evidence, material for the party making the application, which he could not with reasonable diligence have discovered and produced at the trial, is one of the grounds for a new trial enumerated in the code. The application of the party desiring... | |
 | Kentucky - Civil procedure - 1895 - 796 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. (37) Where a party discovers testimony, even after the argument has commenced, and it can then be given,... | |
 | James Henry Deering - Law reports, digests, etc - 1896 - 584 pages
...part of the record, cannot properly be considered. (La Fetra v. Gleasou, 101 Gal. 246.) 123. Where a motion for a new trial is made upon the ground of newly discovered evidence, affidavits inserted In the transcript which are not incorporated 'n any bill of exceptions, nor identified... | |
 | George Lemon Phillips - Civil procedure - 1896 - 664 pages
...evidence contrary to law, and excepted to at the time ; newly discovered evidence, material to the party, and which he could not, with reasonable diligence, have discovered and produced at the trial ; and that the damages awarded are excessive. The office of a motion for new trial is, to bring before... | |
 | William John Tossell - Law reports, digests, etc - 1905 - 892 pages
...provides that a new trial may be granted for "Newly discovered evidence material for the defendant, which he could not, with reasonable diligence, have discovered, and produced at the trial." Whether this evidence, if it had been submitted at the trial, would probably have changed the result... | |
 | Law reports, digests, etc - 1897 - 1148 pages
...motion for a new trial, upon the ground that, since the taking of the last appeal, new evidence had been discovered material to the defendant, and which he...diligence have discovered and produced at the trial. The defendant did not offer or request permission to read in support of said motion any affidavit,... | |
 | Appellate courts - 1897 - 1088 pages
...defendant then and there excepted. Sixth. Newly-discovered evidence material to defendant, A. E. Humphreys, which he could not with reasonable diligence have discovered and produced at the trial. Seventh. Error of the court in excluding evidence offered by defendant, AE Humphreys, objected to by... | |
 | Law reports, digests, etc - 1899 - 1142 pages
...enumerated in the Code, Is newly-discovered evidence material for the party making the application, and which he could not, with reasonable diligence, have discovered and produced at the trial. But the party desiring a second trial must show by his application what diligence he used in preparing... | |
 | United States. Philippines Division. War Department - 1899 - 554 pages
...appellate court if the case shall have been appealed, and must be made in writing and be supported by the affidavits of the witnesses by whom such evidence is expected to be given, or by dulv authenticated copies of documents which it is proposed to introduce m evidence. Within a... | |
 | Law reports, digests, etc - 1897 - 1016 pages
...defendant tben and there excepted. " Sixth. Newly discovered evidence material to defendant, AE Humphreys, which he could not with reasonable diligence have discovered and produced at the trial. " Seventh. Error of the court in excluding evidence offered by defendant, AE Humphreys, objected to... | |
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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. 
