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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. Excessive damages, appearing to have been given under the influence of passion or prejudice;... "
The Pacific Reporter - Stranica 127
1905
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Civil and Criminal Codes of Practice of Kentucky, and Amendments Enacted ...

Kentucky - 1902 - Broj stranica: 1282
...attorney (c). 3. Accident or surprise which ordinary prudence could not have guarded against (d). 4. Excessive damages, appearing to have been given under the influence of passion or prejudice (e). 5. Error in the assessment of the amount of recovery, whether too large or too small,...
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Budd on Civil Remedies Under the Code System: With Forms Applicable to Civil ...

Joseph Henry Budd - 1902 - Broj stranica: 800
...defendant] which he could not with reasonable diligence have discovered and produced at the trial ; Fifth. Excessive damages appearing to have been given under the influence of passion or prejudice; Sixth. Insufficiency of the evidence to justify the verdict; [or the decision] Seventh....
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Opseg 8

Idaho. Supreme Court - 1904 - Broj stranica: 896
...appeal from said order taken to this court. There are four assignments of error. The first is : "1. Excessive damages, appearing to have been given under the influence of passion or prejudice, and in particular as follows : 1. That the verdict, as to the amount of damages given. is...
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American Negligence Reports, Current Series: (cited Am. Neg. Rep ..., Opseg 12

John Milton Gardner, Walter James Eagle - 1903 - Broj stranica: 798
...appeal from said order taken to this court. There are four assignments of error. The first is: " 1. Excessive damages, appearing to have been given under the influence of passion or prejudice, and in particular as follows: First. That the verdict, as to the amount of damages given,...
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A Treatise on New Trial and Appellate Practice: Presenting and ..., Opseg 1

Thomas Carl Spelling - 1903 - Broj stranica: 998
...damages awarded to be too small, he may not base the motion on the fifth ground in the statute60 at for "excessive damages appearing to have been given under the influence of passion or prejudice." In all cases of computable damages, the verdict being considered excessive, the motion...
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Revised Rules of the United States Circuit Court and the United States ...

United States. Circuit Court (9th Circuit) - 1904 - Broj stranica: 224
...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) Insufficiency of the evidence to justify the verdict or other decision; (7) Error in...
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Acts of the Legislature of Puerto Rico

Puerto Rico - 1904 - Broj stranica: 408
...prudence could not have guarded against. able diligence have discovered and produced at the trial. 4. Excessive damages, appearing to have been given under the influence of passion or prejudice. 5. Insufficiency of the evidence to justify the judgment or other decision, or that it is...
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Civil Procedure Before Justices of the Peace: (Oklahoma Practice)

Robert A. Neff - 1906 - Broj stranica: 90
...surprise, which ordinary prudence could not have guarded against. (30 K. 242-380; 32 K. 107.) Fourth: Excessive damages, appearing to have been given under the influence of passion or prejudice. (34 K. 472.) Fifth: Error in the assessment of the amqunt of recovery, whether too large...
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Ohio Circuit Court Reports: New Series, Opseg 6

Ohio. Circuit Court - 1906 - Broj stranica: 704
...for which, under the statute, a new trial shall be allowed, among which causes appear the following: "Excessive damages appearing to have been given under the influence of passion or prejudice." This is the exact language of our present statute (Section 5305). In the case then under...
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Alaska Reports, Opseg 2

1906 - Broj stranica: 786
...defendant, which it 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) Insufficiency of the evidence to justify the verdict or other decision, and that such...
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