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" Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5. "
Reports of Cases Determined in the Supreme Court of the State of California - Page 41
by California. Supreme Court - 1906
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The Revised Statutues of the State of Indiana: Constitutions. Codes. Wills

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....
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A Treatise on the Law of Trials in Actions Civil and Criminal, Volume 2

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....
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California Decisions, Volume 55

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...
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The Northwestern Reporter, Volume 46

Law reports, digests, etc - 1891 - 1266 pages
...W. Hill, attached to the motion. One of the grounds on which a motion for n new trial can be made is "newly-discovered evidence, material for the party...diligence have discovered and produced at the trial." Paragraph 4, § 5088, Сотр. Laws. Applications on this ground are addressed to the discretion of...
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General Laws of the State of Minnesota

Minnesota - Session laws - 1891 - 666 pages
...report or decision is not justified by the evidence, or is contrary to law. "Sixth — Newly discovered evidence, material for the party making the application,...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."...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1891 - 700 pages
...not be had simply to allow a rehash of old arguments. In his first reason the applicant states that he could not with reasonable diligence have discovered and produced at the hearing the alleged newly-discovered evidence. The affidavits filed do not j ustify this statement....
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The Pacific Reporter, Volume 28

Law reports, digests, etc - 1892 - 1172 pages
...Code, however, (section Ilu5.) simplifies the requirement, and mnkes the new triul admissible for" newly-discovered evidence, material for the party...could not with reasonable diligence have discovered find produced at the trial." Hut, after nil is said and done, any attempt to lay down rules of construction...
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Annotated Statutes of the State of Indiana: Showing the General Statutes in ...

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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Reports of Cases at Law and in Equity Determined by the Supreme ..., Volume 85

Iowa. Supreme Court - Law reports, digests, etc - 1894 - 890 pages
...evidence, or is contrary to law; seventh, newly discovered evidence, material for the party applying, which he could not, with reasonable diligence, have discovered and produced at the time; eif/hth, error of law, occurring at the trial, excepted to by the party making the application."...
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Reports of the Decisions of the Court of Appeals of the State of ..., Volume 4

Colorado. Court of Appeals - Law reports, digests, etc - 1895 - 668 pages
...such ground must possess several requisites, not one of which existed in this case. Newly discovered evidence, material for the party making the application,...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...
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