 | Utah - Law - 1884 - 666 pages
...verdict or other decision; 4. Xcwly dis<»vered evidence material for the party making the application, which he could not with reasonable diligence have discovered and produced at the time. SEC. 853. The application shall be made upon affi- App i icaticm n0 w davit and notice. The affidavit... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1885 - 760 pages
...follows: "The application for a new trial must be made at the term the verdict, report, or decision is rendered, and except for the cause of newly discovered...diligence have discovered and produced at the trial, shall be within three days after the verdict or decision was rendered unless unavoidably prevented.... | |
 | Law reports, digests, etc - 1920 - 960 pages
...[of the jury] or decision is not sustained by sufficient evidence or is contrary to law. "Seventh. Newly discovered evidence, material for the party...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... | |
 | Law - 1904 - 1174 pages
...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... | |
 | Seymour Frederick Harris - Criminal law - 1885 - 516 pages
...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... | |
 | Nevada - Law - 1885 - 1332 pages
...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... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1886 - 802 pages
...trial shall be by mot ion upon written grounds filed at the term the verdict is rendered, and shall, except for the cause of newly discovered evidence...diligence have discovered and produced at the trial, be within three days after the verdict was rendered, unless unavoidably prevented," etc. Sec. 492 requires... | |
 | Law reports, digests, etc - 1886 - 890 pages
...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... | |
 | Law reports, digests, etc - 1922 - 1202 pages
...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... | |
 | Law reports, digests, etc - 1907 - 1332 pages
...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:... | |
| |
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. 
