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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. "
The Code of Civil Procedure: Of the State of California - Page 164
by California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 768 pages
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...Insufficiency of the evidence to justify the verdict or other decision : or that it is against law : 6. Newly discovered evidence, material for the party...diligence have discovered and produced at the trial : 7. Error in law, occurring at the trial, and excepted to by the party making the application. §...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 pages
...damages, appearing to have been given under the influence of passion or prejudice : 5. Insufficiency of the evidence to justify the verdict or other decision : or that it is against law : 6. Newly discovered evidence, material for the party making the application, which he could not with...
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A Treatise on the Practice of the Courts of the State of California ...

Jesse B. Hart - Civil procedure - 1853 - 334 pages
...of the jury ; Accident or surprise against which ordinary prudence could not have guarded against ; Newly discovered evidence, material for the party...diligence have discovered and produced at the trial ; Excessive damages appearing to have been given under the influence of passion or prejudice ; Insufficiency...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...the jury : 3d. Accident, or surprise, which ordinary prudence could not have guarded against : 4th. Newly discovered evidence, material for the party...diligence, have discovered and produced at the trial : 5th. Excessive damages, appearing to have been given under the influence of passion or prejudice...
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A Treatise on the Practice of the Courts of the State of California ...

Jesse B. Hart - Civil procedure - 1853 - 334 pages
...jury ; Accident or surprise against which ordinary prudence could not have guarded against ; jSTewly discovered evidence, material for the party making...diligence have discovered and produced at the trial ; Excessive damages appearing to have been given under the influence of passion or prejudice; Insufficiency...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - Law - 1857 - 834 pages
...influence of passion ; or, 3. Insufficiency of the evidence to justify the verdict or other decision. 4. Newly discovered evidence, material for the party...reasonable diligence have discovered and produced at the time. ART. 1350, Sec. 623. The application shall be made upon affidavit and notice. The affidavit shall...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - Civil procedure - 1858 - 320 pages
...the jury. 3d. Accident or surprise, which ordinary prudence could not have guarded against. . 4th. Newly discovered evidence, material for the party...diligence, have discovered and produced at the trial. 5th. Excessive damages, appearing to have been given under the influence of passion or prejudice. 6th....
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - Civil procedure - 1858 - 586 pages
...of passion ; or, od. Insufficiency of the evidence to justify the verdict or other decision ; 4th. Newly discovered evidence material for the party making...reasonable diligence have discovered and produced at the time. counter affidavits on the motion, provided they be filed one day previous to the hearing of the...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - Civil procedure - 1860 - 388 pages
...influence of passion; or, 3d. Insufficiency of the evidence to justify the verdict or other decision ; 4th. Newly discovered evidence material for the party making...reasonable diligence have discovered and produced at the time. 623. The application shall be made upon affidavit and notice. The affidavit shall be filed with...
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The Civil Practice Act of the State of California: As Amended, with Notes ...

California - Bankruptcy - 1863 - 756 pages
...influence of passion ; 3d. Insufficiency of the evidence to justify the verdict or other decision ; 4th. Newly discovered evidence, material for the party...reasonable diligence have discovered and produced at the time. § 623. Application for a new trial. The application shall be made upon affidavit and notice....
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