...sufficient evidence, or is contrary to law. 5. Newly discovered evidence, material for the defendant, which he could not, with reasonable diligence, have discovered and produced at the trial. G. Error of law,, occurring at the trial. (1) In Kentucky, the grounds are : 1. If the trial, in a...

...discuss them, were: (1) That since the trial the defendant bas discovered new evidence, material to him, which he could not with reasonable diligence have discovered and produced at the trial; (2) that the verdict is contrary to the evidence; (3) that the court erred in refusing to give an instruction...

...or other decision ; fourth, newly discovered evidence material for the party making the application, which he could not with reasonable diligence have discovered and produced at the time. Application. 36O2. SEC. 580. The application shall be made upon affidavit and notice. The affidavit...

...6. That the verdict or decision is not sustained by sufficient evidence, or is contrary to law; 7. Newly discovered evidence, material for the party...diligence have discovered and produced at the trial; 8. Error of law occurring at the trial, and excepted to by the party making the application. But not...

...did the same on his side of it The 101 SW— 22 Code provides that a new trial may be granted upon "newly discovered evidence material for the party...diligence have discovered and produced at the trial." The concurrence of two things is necessary to authorize the court for this reason to grant a new trial:...

...will warrant a new trial under section 344 is thus defined by subsection 7 of section 340 of the Code: "Newly discovered evidence, material for the party...diligence, have discovered and produced at the trial." If a new trial could be obtained upon th.e showing made here, then a litigant could try separately...

...trial must be made at the term the verdict, report, or decision is rendered; and, except for the cause of newly discovered evidence, material for the party...applying, which he could not with reasonable diligence nave discovered, and produced at the trial, shall be made within three days after the verdict or decision...

...new trial of the cross action of Skinner is provided in subsection 7, as follows: "Newly-discovered evidence, material for the party applying. which he...could not with reasonable diligence have discovered aud produced on the trial.'' As it is not presumable Walker would have neglected to plead the mistake,...

...decision is not sustained by sufficient evidence, or is contrary to law. Seventh. Newly-discovered evidence, material for the party applying, which he...diligence, have discovered and produced at the trial. Eighth. Error of law occurring at the trial and excepted to by the party making the application. And...

...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...