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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. "
The Code of Civil Procedure: Of the State of California - Stran 164
avtor: California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 768 strani
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The Code of Civil Procedure of the State of California: Adopted March 11 ...

California - 1905 - 1176 strani
...3. Accident or surprise, which ordinary prudence could not have guarded against; 4. Newly-discovered evidence, material for the party making the application,...diligence, have discovered and produced at the trial; 6. Excessive damages appearing to have been given under the Influence of passion or prejudice; 6. Insufficiency...
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Alaska Reports, Količina 2

1906 - 786 strani
...have guarded against. (4) Newly discovered evidence, material to this defendant, which it could not, with reasonable diligence, have discovered and produced...evidence to justify the verdict or other decision, and that such verdict is against the law. (7) Error in law occurring at the trial excepted to by the...
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The Codes of California as Amended and in Force at the Close of ..., Količina 3

California - 1909 - 2106 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...discovered and produced at the trial; 5. Excessive diminues, appearing to have been given under the influence of passion or prejudice; il. Insufficiency...
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The Code of Civil Procedure of the State of California: Adopted March 11 ...

California - 1909 - 1194 strani
...one of the jurors; 3. Aecident or surprise, which ordinary prudence could not have guarded against; 4. Newly discovered evidence, material for the party making the application, which he could not, with rensonahle diligence, have discovered and produced at the trial; 5. Excessive damages, appearing to...
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A Treatise on New Trial and Appeal, Količina 1

Robert Y. Hayne - 1912 - 1146 strani
...for the Trial. — As already stated, the provision of the statute has been since 1851 as follows: "Newly discovered evidence, material for the party...diligence have discovered and produced at the trial." The exercise of reasonable diligence, therefore, is an express requirement of the statute. It has always...
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Reports of Cases Determined in the Supreme Court of the State ..., Količina 164

California. Supreme Court - 1913 - 950 strani
...provision of the Code of Civil Procedure on the subject is that a new trial may be granted on account of "newly discovered evidence, material for the party...diligence, have discovered and produced at the trial." (Code Civ. Proc., sec. 657, subd. 4.) It cannot reasonably be claimed that the proposed evidence of...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Količina 66

Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1914 - 724 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": Section 174, L. 0. L. Article VII, Section 3, of the Constitution of Oregon was amended November 8,...
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The Codes of California as Amended and in Force at the Close of the Forty ...

California - 1915 - 1528 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...prejudice; 6. Insufficiency of the evidence to justify th« verdict or other decision, or that it is against law; 7. Error in law, occurring at the trial...
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The Northwestern Reporter, Količina 153

1915 - 1224 strani
...surprise, which ordinary prudence could not have guarded against "4. Newly discovered evidence material to the party making the application, which he could not...have been given under the influence of passion or prejudice. "0. Insufficiency of the evidence to justify the verdict or other decision, or that it is...
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Cases on Civil Procedure

William Henry Lloyd - 1916 - 980 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...the trial and excepted to by the party making the application.5 Moravian Seminary v. Bethlehem, 153 Pa. St. 583, 26 Atl. 237 (1893) ; Louisville v. Muldoon,...
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