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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. "
Acts of the State of Ohio - Halaman 358
oleh Ohio - 1877
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Reports of the Decisions of the Court of Appeals of the State of ..., Volume 4

Colorado. Court of Appeals - 1895 - 668 halaman
...which existed in this case. Newly discovered evidence, material for the party making the application, which he could not with reasonable diligence have discovered and produced at the trial, is one of the grounds for a new trial enumerated in the code. The application of the party desiring...
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The Northwestern Reporter, Volume 62

1895 - 1228 halaman
...motion for a new trial were as follows: "(3) Newly-discovered evidence material for the defendant, which he could not with reasonable diligence have discovered and produced at trial, as shown by affidavit attached hereto, filed herewith, end marked 'I.' " "(5) Accident and surprise...
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Reports of Cases Argued and Determined in the Ohio Circuit Courts ..., Volume 1

William John Tossell - 1897 - 700 halaman
...to be executed, and one month thereafter a second motion was filed by him, ostensibly on the ground of " newly discovered evidence material for the party...diligence have discovered and produced at the trial," but the evidence referred to, was t Motion for leave to file a petition in error to this decision was...
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Annotated Ohio Code of Civil Procedure

Ohio, William Henry Whittaker - 1896 - 830 halaman
...made. 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...which he could not with reasonable diligence have discoveredj and produced at the trial, shall be made within three days after the verdict or decision...
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Reports of Cases Argued and Determined in the Ohio Circuit Courts ..., Volume 16

William John Tossell - 1905 - 892 halaman
...provides that a new trial may be granted for "Newly discovered evidence material for the defendant, which he could not, with reasonable diligence, have discovered, and produced at the trial." Whether this evidence, if it had been submitted at the trial, would probably have changed the result...
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An Exposition of the Principles of Pleading Under the Codes of Civil Procedure

George Lemon Phillips - 1896 - 664 halaman
...contrary to law, and excepted to at the time ; newly discovered evidence, material to the party, and which he could not, with reasonable diligence, have discovered and produced at the trial ; and that the damages awarded are excessive. The office of a motion for new trial is, to bring before...
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The Pacific Reporter, Volume 46

1897 - 1148 halaman
...aggrieved for any of the following causes, affecting materially the substantial rights of such party. 7th. Newly discovered evidence material for the party applying,...diligence, have discovered and produced at the trial." This subdivision presents three questions to be considered by the trial court in passing upon the application...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1897 - 1088 halaman
...defendant then and there excepted. Sixth. Newly-discovered evidence material to defendant, A. E. Humphreys, which he could not with reasonable diligence have discovered and produced at the trial. Seventh. Error of the court in excluding evidence offered by defendant, AE Humphreys, objected to by...
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United States Courts of Appeals Reports: Cases Adjudged in the ..., Volume 43

1897 - 1016 halaman
...defendant tben and there excepted. " Sixth. Newly discovered evidence material to defendant, AE Humphreys, which he could not with reasonable diligence have discovered and produced at the trial. " Seventh. Error of the court in excluding evidence offered by defendant, AE Humphreys, objected to...
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The Northwestern Reporter, Volume 80

1900 - 1250 halaman
...the term the verdict, report, or decision is rendered, and, except for the cause of newly-discovered evidence material for the party applying which he...diligence have discovered and produced at the trial, shall be within three days after the verdict or decision was rendered, unless unavoidably prevented."...
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