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" Excessive damages, appearing to have been given under the influence of passion or prejudice; 6. "
The Minnesota Law Journal - Page 86
1897
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The American Law Register and Review, Volume 45

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. "...
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The Code of Civil Procedure of the State of California, Adopted March 11 ...

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...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 125

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...
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The Compiled Laws of Nevada in Force from 1861 to 1900 (inclusive): With ...

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...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

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....
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Supplement to the Revised Statutes of the United States ..., Volume 2, Part 2

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...
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Civil and Criminal Codes of Practice of Kentucky, and Amendments Enacted ...

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...
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Budd on Civil Remedies Under the Code System: With Forms Applicable to Civil ...

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....
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The Codes and Statutes of Oregon: Showing All Laws of a General ..., Volume 1

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...
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A Treatise on New Trial and Appellate Practice: Presenting and ..., Volume 1

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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