 A motion for a new trial based on the ground of newly discovered evidence may be made only before or within two years after final judgment, but if an appeal is pending the court may grant the motion only on remand of the case.  The Southern Reporter - Page 571916Full view - About this book
 | Ohio. Supreme Court - Law reports, digests, etc - 1880 - 792 pages
...Marsh, for defendant in error : Error can not be assigned to the ruling of the district court on the motion for a new trial based on the ground of newly discovered evidence. Smith v. Bailey, 26 Ohio St. 1 ; House v. Elliott, 6 Ohio St. 497 ; Gest v. Kenner, 7 Ohio St. 75 ;... | |
 | Illinois. Appellate Court, James Bolesworth Bradwell - Law reports, digests, etc - 1878 - 704 pages
...a less sum, is valid and enforceable. We also think the court below erred in overruling appellant's motion for a new trial, based on the ground of newly discovered evidence. The only witness by whom appellant proved the order endorsed on the capias fixing the sum in which... | |
 | Law reports, digests, etc - 1919 - 1024 pages
...to properly act, on It by the court. The same condition of the record appears In connection with the motion for a new trial, based on the ground of newly discovered evidence. In our judgment, it would be a miscarriage of justice to affirm the judgment as rendered. There was... | |
 | Law reports, digests, etc - 1904 - 1164 pages
...overruled the motion, and an appeal was taken to the law court. Subsequently the defendant filed a further motion for a new trial, based on the ground of newly discovered evidence. 2. If it be conceded, after a review of the testimony reported upon the general motion for a new trial,... | |
 | Law reports, digests, etc - 1916 - 1336 pages
...verdict excessive. [19] It Is further assigned that the court erred in refusing to sustain appellant's motion for a new trial based on the ground of newly discovered evidence. The evidence claimed to have been discovered since the trial, and upon which appellant relies, is that... | |
 | Ohio. Circuit Courts - Law reports, digests, etc - 1897 - 794 pages
...be filed on behalf of the defendants below, in answer to those filed by plaintiff in support of his motion for a new trial, based on the ground of newly discovered evidence. This is especially provided for by Sec. 15308, Rev. Stat. 2nd. At the trial of the case, after the... | |
 | Texas. Court of Civil Appeals - Law reports, digests, etc - 1903 - 738 pages
...appellee was not guilty of contributory negligence. 3. There was no error in overruling defendant's motion for a new trial based on the ground of newly discovered evidence. The motion fails to show diligence on the part of defendant to discover this testimony before the trial.... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1904 - 888 pages
...correct. The verdict was returned on the 4th day of December, 1902. Thereafter defendant filed a petition for a new trial, based on the ground of newly discovered evidence. This petition came on for hearing at the May term, 1903, of the district court, and, after hearing... | |
 | Law reports, digests, etc - 1904 - 1332 pages
...correct. The verdict was returned on the 4th day of December, 1902. Thereafter defendant filed a petition for a new trial, based on the ground of newly discovered evidence. This petition came on for hearing at the May term, 1003, of the district court, and, after hearing... | |
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