| Law reports, digests, etc - 1917 - 1228 pages
...Tenant, Cent. Dig. g 611.] 3. NEW TRIAL ©=102(2)— RIGHT то— NEWLY DISCOVERED EVIDENCE. A new trial will not be granted on the ground of newly discovered evidence which was almost wholly cumulative, particularly where it appeared that the unsuccessful party by the... | |
| Robert Stewart Morrison - Mining law - 1884 - 778 pages
...Practice Act. Brown v. Smith, 539 2. Xfwh/ discore red e vidence as ground for new trial. — A new trial will not be granted on the ground of newly discovered evidence, which consists of a deed recorded in the recorder's office twelve months prior to the trial, and a... | |
| Law - 1886 - 640 pages
...it might be voided by the attachment debtor.) Piople v. Jones. Filed Nov. 24, 1885.— Cal. (A new trial will not be granted, on the ground of newly discovered evidence, if it were possible to have produced the evidence on the former trial.) Sharon v. Sharon. Filed Nov.... | |
| Law reports, digests, etc - 1904 - 1132 pages
...ground of alleged newly discovered evidence consisting of a further entry in such journals. 3. A new trial will not be granted on the ground of newly discovered evidence which is merely cumulative. Appeal from Superior Court, Fairfleld County; SA Robinson, Judge. Action... | |
| Law reports, digests, etc - 1915 - 1138 pages
...found under such circumstances. Blake v. Madigan, 05 Me. 522 ; Maynell v. Sullivan, 67 Me. 314. A new trial will not be granted on the ground of newly discovered evidence, when It could have been discovered before the trial by the exercise of due diligence. Howard v. G rover,... | |
| Law reports, digests, etc - 1914 - 1166 pages
...241 ; Parsons v. Railway, 96 Me. 503, 52 AtL 1000; Mitchell v. Emmons, 104 Me. 76, 71 Atl. 321. A new trial will not be granted, on the ground of newly discovered evidence, when the moving party might, by proper diligence, bave discovered such evidence in season for the trial.... | |
| Law reports, digests, etc - 1886 - 982 pages
...requirements of the act of congress, as to the description. NEW TRIAL— CUMULATIVE EVIDENCE. —A new trial will not be granted on the ground of newly discovered evidence, if the same be merely cumulative. CERTIFIED COPIES OK RECORDED DOCUMENTS ADMISSIBLE IN EVIDENCE.—... | |
| Law reports, digests, etc - 1912 - 1332 pages
...Commonwealth, J40 Ky. 184, 130 SW 987. And it Is the settled and well-known practice in civil cases that a new trial will not be granted on the ground of newly discovered evidence unless the party asking a new trial, in addition to the other requisites, files his affidavit setting... | |
| Civil procedure - 1888 - 532 pages
...§ 1002. Jfieto trial — When not granted on ground thalihere is newly discovered evidence. A new trial will not be granted on the ground of newly discovered evidence where such evidence is plainly cumulative, and it is cumulative when it relates to facts sharply controverted... | |
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