...result if a new trial is granted; second, it must have been discovered since the trial ; third, it must be such as could not have been discovered before the trial by the exercise of due diligence; fourth, it must be material to the issue; fifth, it must not be cumulative to the former issue ; *...

...change the result if a new trial is granted; that It has been discovered since the trial ; that it could not have been discovered before the trial by the exercise of due diligence; that It is material to an Issue in the case; that It Is not merely cumulative to the former evidence ; and...

...ГРeult if a new trial be grautcd; (2) it must have been discovered since the trial; (3) it must be euch as could not have been discovered before the trial by the exercise of due diligence; (4) it must be material to the issue; (5) it must not be merely cumulative to the former evidence;...

...court below to hold that it would probably change the result if a new trial was granted nor that it could not have been discovered before the trial by the exercise of due diligence. APPEAL from a judgment of the supreme court, rendered at a trial term for the county of New York April...

...that comes hero, that there was any newly-discovured evidence that was material to the cause, which could not have been discovered before the trial by the exercise of proper and reasonable diligence on the part of the plaintiff. While it is with great hesitation that...

...search was made for the letter, and it was then found. We think the affidavit showed that the evidence could not have been discovered before the trial by the exercise of proper diligence, but we do not think that it fulfills the further requirement that it would probably...

...Me. 314. A new trial will not be granted on the ground of newly discovered evidence, when It could have been discovered before the trial by the exercise of due diligence. Howard v. G rover, 28 Me. 07, 48 Am. Dec. 478; Blake v. Madigan, 65 Me. 522; Kimball v. Hilton, 92...

...Before a new trial will be granted on account of newly discovered evidence, it must appear that it could not have been discovered before the trial by the exercise of due diligence. Crozier v. Cooper, H 111. 139 ; Lafflin v. Herrington, 17 IlI. 399 ; Wright v. Gould, 73 111. 56 ;...

...only satisfy the court that the evidence has come to his knowledge since the trial, but also that it could not have been discovered before the trial by the exercise of proper diligence. [Ed. Note. — For cases in point, see Cent. Dig. vol. 37, New Trial, § 210.] 2....

...render a different result reasonably certain; that it has been discovered since the trial; that it could not have been discovered before the trial by the exercise of reasonable diligence; is material and not cumulative. 2. New trial ©=э102(8)— Not granted on ground...