 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1873 - 616 páginas
..."Because the plaintiff has discovered new and material evidence, since the trial of this cause, which could not, with reasonable diligence, have been discovered and produced at the trial." 6. " Error of law occurring at the trial and excepted to by the party making the application." 7. "... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1904 - 598 páginas
...be such as to render a different verdict reasonably probable upon a retrial; and that the evidence could not, with reasonable diligence, have been discovered and produced at the trial." Newly-discovered evidence which is impeaching is looked upon with equal distrust as cumulative evidence,... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1903 - 612 páginas
...untrue. The motion for a new trial was supported by affidavits showing newlydiscovered evidence, which could not with reasonable diligence have been discovered and produced at the trial, and which is of such a character as to strongly tend to corroborate the testimony of the defendant... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1879 - 658 páginas
...this ground, the statute expressly requires the applicant to show that the newly discovered evidence could not with reasonable diligence have been discovered and produced at the trial. Id ,*,,• 406 10. Evidence. To warrant a verdict of guilty in a criminal case it is not required jthat... | |
 | Asa Iglehart - 1879 - 1048 páginas
...it is not only necessary that it should be, in compliance with this statutory specification, such as could not with reasonable diligence have been discovered and produced at the trial, but must be material in its object, going to the merits of the case; and not merely cumulative, 4 corroborative... | |
 | United States. Supreme Court - 1896 - 1244 páginas
...Justify the findings and decision. "(3) Newly-discovered evidence material to defendants, and which could not with reasonable diligence have been discovered and produced at the trial. "(4) That the findings are against law. "(5) Errors In law occurring at the trial, and excepted to... | |
 | California. Legislature - 1883 - 561 páginas
...guarded against. 3. Newly discovered evidence, material for the party making the application, which could not with reasonable diligence have been discovered and produced at the trial. 4. Insufficiency of evidence to justify the decision, or that it is against law. 5. Error of law occurring... | |
 | 1918 - 1238 páginas
...discovered evidence, it must appear that the evidence relied on is in fact newly discovered, and that it could not, with reasonable diligence, have been discovered and produced at the trial. 2. NEW TRIAL «=»97— GROUNDS— SURPRISE. A new trial on the ground of surprise will not be granted... | |
 | 1886 - 940 páginas
...for a new trial on the ground of newly-discovered evidence. No reason is shown why the evidence might not, with reasonable diligence,, have been discovered and produced at the trial. To entitle one to relief in such a case, strict proof of diligence is required, "and a general averment... | |
 | 1907 - 1332 páginas
...reason to grant a new trial: First, it must appear that the evidence is material; and, second, that it could not with reasonable diligence have been discovered and produced at the trial. Cahill In his petition does not assign any reason why he did not discover the testimony that Pfanstell... | |
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... 2. Insufficiency of the evidence to justify the findings and decision. " 3. Newly discovered evidence material to defendants and which could not with reasonable diligence have been discovered and produced at the trial. 
