| Electronic journals - 1897 - 914 pages
...that in accordance therewith the Code of Civil Procedure of Montana provides that "an issue of (act must be tried by a jury, unless a jury trial is waived,...appeal, to set aside a verdict and grant a new trial " (or excessive damages appearing to have been given under the influence of passion or prejudice. "... | |
| California, James Henry Deering - Civil procedure - 1897 - 1066 pages
...not have guarded against; with reasonable diligence, have discovered and produced at the trial; 5. Excessive damages appearing to have been given under the influence of passion or prejudice; 6. Insufficiency of the evidence to justify the verdict or other decision, or that it is... | |
| California. Supreme Court - Law reports, digests, etc - 1900 - 840 pages
...In the provision of subdivision 5 of section 657 of the Code of Civil Procedure, for the granting of a new trial for "excessive damages, appearing to have been given under the influence of passion or prejudice" the only means of discovering the element of "passion or prejudice" within the meaning of... | |
| Nevada - Law - 1900 - 1246 pages
...application, which he could not with reasonable diligence have discovered and produced at the trial. Fifth — Excessive damages, appearing to have been given under the influence of passion or prejudice. Sixth — Insufficiency of the evidence to justify the verdict or other decision, or that... | |
| Appellate courts - 1901 - 914 pages
...1888; Code Civ. Proe. §§ 285, 408, authorize the trial court, or the supreme court of the territory, to set aside a verdict and grant a new trial for excessive damages given under the influence of prejudice, or for insufficiency of the evidence to sustain the verdict.... | |
| United States - Law - 1901 - 934 pages
...application, which he could not with reasonable diligence have discovered and produced at the trial: Fifth. Excessive damages, appearing to have been given under the influence of passion or prejudice; Sixth. Insufficiency of the evidence to justify the verdict or other decision, or that it... | |
| Kentucky - Civil procedure - 1902 - 1282 pages
...102) ; or the fact that a party was put off her guard by a friend whom she consulted. 4 Bush, 108. (t) EXCESSIVE DAMAGES APPEARING TO HAVE BEEN GIVEN UNDER THE INFLUENCE OF PASSION OR PREJUDICE. It has been shown (note 3, page 85) that the jury may give exemplary damages for injuries... | |
| Joseph Henry Budd - Civil procedure - 1902 - 800 pages
...defendant] which he could not with reasonable diligence have discovered and produced at the trial ; Fifth. Excessive damages appearing to have been given under the influence of passion or prejudice; Sixth. Insufficiency of the evidence to justify the verdict; [or the decision] Seventh.... | |
| Oregon - Law - 1902 - 1036 pages
...application, which he could not with reasonable diligence have discovered and produced at the trial; 5. Excessive damages, appearing to have been given under the influence of passion or prejudice ; 6. Insufficiency of the evidence to justify the verdict or other decision, or that it is... | |
| Thomas Carl Spelling - Appellate procedure - 1903 - 998 pages
...damages awarded to be too small, he may not base the motion on the fifth ground in the statute60 at for "excessive damages appearing to have been given under the influence of passion or prejudice." In all cases of computable damages, the verdict being considered excessive, the motion... | |
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