...Civil Procedure, as follows: "Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial." The judgment is affirmed. • Plummer, J., and Hart, J., concurred. [Crim. No. 1221. Second Appellate...

...have guarded against. " 4. Newly discovered evidence material to the party making the application, which he could not with reasonable diligence have discovered and produced at the trial. " 5. Excessive damages appearing to have been given under the influence of passion or prejudice. "6....

...have guarded against; 3. Newly discovered evidence, material for the party making the application, which he could not with reasonable diligence have discovered and produced at the trial; 4. Excessive damages, appearing to have been given under the influence of passion or prejudice; 5....

...offered in evidence. For aught that appears, there may have been other material evidence before the jury. When a motion for a new trial is made upon the ground that the verdict is contrary to the evidence, or is not supported by sufficient evidence, it is plain...

...impaired in his rights ; "2. Newly discovered evidence, material to the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; "3. Because the judge has become satisfied that excessive damages have been awarded, or that the evidence...

...not, then the case should have been submitted to the jury. — Woodworth Elevator Co. v. Theis, 4. When a motion for a new trial is made upon the ground that the verdict is not supported by the evidence and for errors of law occurring at the trial, and...

...evidence, or is contrary to law. Seventh. Newly discovered evidence material for the party applying, which he could not with reasonable diligence have discovered and produced at the trial. Eighth. Error of law occurrihg at the trial and excepted to by the party making the application; but...

...discovered evidence has been given. As declared by our Penal Code, the court may grant a new trial "when new evidence is discovered material to the defendant,...diligence have discovered and produced at the trial." It is well settled that a party who relies upon that ground must have made reasonable effort to produce...

...motion for a new trial upon the ground that since the taking of the last appeal new evidence had been discovered material to the defendant, and which he...diligence have discovered and produced at the trial. The defendant did not offer or request permission to read in support of said motion any affidavit,...

...satisfies the statute respecting "newlydiscovered evidence, material for the party making the application, and which he could not, with reasonable diligence, have discovered and produced at the trial," the moving party Is entitled to a new trial; and the court has no discretion to try the Issue of fact...