 | California - 1876 - 888 strani
...one of the jurors. 3. Accident or surprise, which ordinary prudence could not have guarded against. 4. Newly discovered evidence, material for the party...diligence, have discovered and produced at the trial. 6. Insufficiency of the evidence to justify the verdict or other decision, or that it is against law.... | |
 | 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 - 1921 - 712 strani
...motion for a new trial should not prevail. The statute in relation to this ground for a new trial says: "Newly discovered evidence, material for the party...diligence, have discovered and produced at the trial." (Italics ours.) See, also, Hayne on New Trial and Appeal, section 92; Spelling, New Trial, sections... | |
 | Nevada. Supreme Court - 1877 - 1090 strani
...damages, appearing to have been giveu under the influence of passion or prejudice; Sixth. Insufficiency of the evidence to justify the verdict or other decision, or that it is against law; Seventh. Error iu law occurring at the trial, and excepted to by the party making the application."... | |
 | United States. Supreme Court - 1878 - 858 strani
...application must be made upon affidavits. If the new trial be asked for excessive damages, or insufficiency of the evidence to justify the verdict or other decision, or that it is against law, or for errors occurring at the trial, the application must be made upon a statement of the case, setting... | |
 | California, Nathan Newmark - 1880 - 768 strani
...of the jurora; 3. Accident or surprise, which ordinary prudence could not have guarded against; t. Newly -discovered evidence, material for the party...the trial. 5. Excessive damages, appearing to have becn given under the influence of passion or prejudice ; 6. Insufficiency of the evidence to justify... | |
 | Idaho (Ter.) - 1881 - 588 strani
...determination of cliuiice, such misconduct may be proved by the affidavit of any one of the jurors; 4. Newly discovered evidence, material for the party...diligence, have discovered and produced at the trial; 6. Insufficiency of the evidence to justify the verdict or other decision, or that it is against law;... | |
 | 1881 - 1112 strani
...next section (657) provides that such new trial may be granted upon certain grounds, among others : "6. Insufficiency of the evidence to justify the verdict or other decision, or that it is against law." Whatever else may be meant by the expression " decision against law," we think there is no doubt that... | |
 | United States. Department of State - 1882 - 260 strani
...a fair trial. 2Д. Accident or surprise which ordinary prudence could not have guarded against. 3d. Newly discovered evidence, material for the party...diligence, have discovered and produced at the trial. 4th. Excessive damages, appearing to have been given under the infinence of passion or prejudice. 5th.... | |
 | 1914 - 1406 strani
...and a new trial granted, on the motion of an aggrieved party for the following reasons, inter alia: "(5) Excessive damages, appearing to have been given...verdict or other decision, or that It Is against law." LOL $ 174. Section 3 of article 7 of the Constitution of Oregon was amended November 8, 1910 (see Laws... | |
 | 1910 - 1150 strani
...Section 4439, Rev. Codes, provides the grounds upon which a new trial may be asked, among which are: "(4) Newly discovered evidence, material for the party...diligence, have discovered and produced at the trial." Section 4441 provides that: "The party Intending to move for a new trial must, within ten days after... | |
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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. 
