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" 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. "
Journal: Appendix. Reports - Halaman 19
oleh California. Legislature - 1893
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 36

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, James Buckley Black, Michael Crawford Kerr, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1873
...5. "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. "...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 25

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
...are 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...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 26

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
...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,...
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A Treatise on Pleading and Practice Under the Indiana Code of Procedure ...

Asa Iglehart - 1879 - 1012 halaman
...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...
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Reports of Cases in the Supreme Court of Nebraska, Volume 8

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1879
...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...
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Supreme Court Reporter, Volume 16

United States. Supreme Court - 1896
...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. "(4) That the findings are against law. "(5) Errors In law occurring at the trial, and excepted to by defendants."...
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Atlantic Reporter, Volume 102

1918
...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...
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The Pacific Reporter, Volume 10

1886
...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...
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The Southwestern Reporter, Volume 101

1907
...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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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 117

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 - 1889
...a party to a new trial on account of newly discovered evidence, it must be shown that such evidence could not, with reasonable diligence, have been discovered and produced at the trial, and that the same is true, and the facts must be set out showing the diligence used to procure such...
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