 | Law - 1868 - 894 pages
...a penalty or liquidated damages : Id. NEW TRIAL. Practice — Aftcr-ditcovercd Evidence. — A new trial will not be granted on the ground of newly discovered evidence, where the party who has lost the verdict has a right to the new trial by review, unless the newly discovered... | |
 | Civil procedure - 1869 - 622 pages
...on appeal, a new trial should be awarded. Supreme Ct., 1860, ILilsey a. Flint, Ante, 367. 6. A new trial will not be granted on the ground of newly discovered evidence, if the newly discovered evidence is not of itself very important, tends to establish precisely the... | |
 | Pennsylvania. Courts, John Wayne Ashmead - Law reports, digests, etc - 1871 - 572 pages
...; and, third, that it would probably produce a different verdict if a new trial were granted. Anew trial will not be granted on the ground of newly discovered evidence, which does not relate to new facts, but goes only to corroborate the testimony given at a former trial;... | |
 | Ohio. Supreme Court - Law reports, digests, etc - 1873 - 504 pages
...recovered. Ib. 197. NEGROES— See BLACKS, NKGROES, AND MUI.ATTOKS; VOTES AND VOTERS. NEW TRIAL— A new trial will not be granted on the ground of newly discovered evidence, where such evidence is merely cumulative. Perrin's Adm'rs ,t>. Protection Insurance Co. 147. NOTICE—... | |
 | Vermont. Supreme Court - Law reports, digests, etc - 1873 - 612 pages
...which had been merged in a decree, which would bear simple interest only. Ib. NEW TRlALS. 1. A new trial will not be granted on the ground of newly discovered evidence, when such evidence is not decisive in character, nor when, by due diligence, the party could have produced... | |
 | 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
...affidavits of Wittenberg and Meyers is impeaching, and, therefore, under the general rule that a new trial will not be granted on the ground of newly discovered evidence which only tends to impeach, it ought not to be considered. It appears that no undue influence whatever... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1877 - 766 pages
...case to the question whether a new trial should have been granted. The rule is elementary, that a new trial will not be granted on the ground of newly discovered evidence, unless the party moving therefor satisfy the court: 1. That sucli evidence came to his knowledge after... | |
 | 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 - 1881 - 678 pages
...fully sustain the verdict. People v. Lyman, 30. 5. NEWLY DISCOVERED EVIDENCE — CUMULATIVE. — A new trial will not be granted on the ground of newly discovered evidence when such evidence is cumulative merely. Ib. 6. APPEAL IN CRIMINAL CASE — How TAKEN. — An appeal... | |
 | 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 - 1878 - 632 pages
...admissions were made to other persons, and on different occasions. The rule is well established that a new trial will not be granted on the ground of newly discovered evidence when it is merely cumulative, Fox v. Reynolds, 24 Ind., 46. The People, ex rel. v. Superior Court of... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1879 - 760 pages
...occur in the climate and country where it is located. 8. New Trial : NEWLY DISCOVERED EVIDENCE. A new trial will not be granted on the ground of newly discovered evidence, unless it appears to the court that a different result from that of the former trial maybe reasonably... | |
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A new trial will not be granted on the ground of newly discovered evidence to impeach the reputation for truth and veracity of witnesses for the state. 
