 | Puerto Rico. Supreme Court - 1916 - 958 strani
...first of them, which falls under subdivision 3 of section 221 of the Code of Civil Procedure, viz., "Newly discovered evidence, material for the party...diligence have discovered and produced at the trial." In deciding the case of Cullazo v. The Juncos Central Company, 16 PRR, 134, this court said: "The granting... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1916 - 736 strani
...that a new trial may be granted, among others, on the ground of 'newly discovered evidence material to the party making the application, which he could not,...diligence, have discovered and produced at the trial.' It is conceded that a motion bc^ed upon this ground is addressed to the sound judicial discretion of... | |
 | 1918 - 1214 strani
...granted for the following among other causes : "5. Excessive damages, appearing to have been given nndor the influence of passion or prejudice. "6. Insufficiency...verdict or other decision, or that it is against law." The motion in this case was made upon the first ground announced in subdivision 6. There seems to be... | |
 | 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 - 1918 - 848 strani
...withhold her statement. It is laid down in Section 174, L. 0. L., that a new trial may be granted for "newly discovered evidence, material for the party...diligence have discovered and produced at the trial." In our judgment the evidence given by the young woman was not newly discovered. What she knew was within... | |
 | Nevada. Supreme Court - 1918 - 620 strani
...section 196 of the former practice act, the party moving for a new trial, if he relied upon subdivision 6 — insufficiency of the evidence to justify the...verdict or other decision, or that it is against law — was required to prepare a statement, and section 197 of that act provided that : "When the notice... | |
 | 1919 - 1022 strani
...statutory, and are set forth In CL § 44,'!9. Subdivision 4 thereof, defining one of the grounds as: "Xewly discovered evidence, material for the party making...could not, with reasonable diligence, have discovered wiiu me iiuiueiiuu, we ait; nui uuin'u ujiuu tu not, with reasonable dill decide. It Is perfectly clear,... | |
 | California - 1922 - 1400 strani
...the jurors ; 3. Accident or surprise, which ordinary prudence could not have guarded • against ; 4. Newly discovered evidence, material for the party...have been given under the influence of passion or prejudice; fi. Insufficiency of the evidence to justify the verdict or other decision or that it is... | |
 | North Dakota - 1923 - 634 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. Where a new trial is asked for on this ground, and it appears that the passion and prejudice... | |
 | California. Supreme Court - 1926 - 970 strani
...were therefore granted upon the grounds set forth in subdivisions 4, 6, and 7, which are as follows: "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;... | |
 | Bancroft-Whitney Company - 1928 - 1250 strani
...infra, § 6132. §5942 dent or surprise, which ordinary prudence could not have guarded against ;яо 4. Newly discovered evidence, material for the party...reasonable diligence, have discovered and produced at the trial;1 5. Excessive damages, appearing to have been given under the influence of passion or prejudice... | |
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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. 
