Digest of the Decisions of the Supreme Court of Iowa: From the Organization of the Court, in 1839, to the 35th Iowa Report, as Embraced in the Reports by Morris, Greene, Clarke, Withrow, and Stiles : with Copious References to the Statutes, Volume 3

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Page 278 - 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.
Page 403 - ... claiming title adverse to the title conveyed by such deed, shall be required to prove, in order to defeat the said title, either that the said...
Page 274 - Court made an order to show cause why a new trial should not be granted on the ground of newly discovered evidence returnable on the sixth day of September.
Page 369 - The statute of frauds plainly means an agreement not to be performed within the space of a year, and expressly and specifically so agreed. A contingency is not within it ; nor any case that depends upon contingency. It does not extend to cases where the thing only may be performed within the year ; and the act cannot be extended further than the words of it.
Page 331 - ... when such wrongs are in any manner connected with the use and operation of any railway on or about which they shall be employed, and no contract which restricts such liability shall be legal or binding.
Page 156 - ... shall be examined as a witness in regard to any personal transaction or communication between such witness and a person at the commencement of such examination deceased, insane, or lunatic, against the executor, administrator, heir at law, next of kin, assignee, legatee, devisee, or survivor of such deceased person, or the assignee or guardian of such insane person or lunatic.
Page 19 - Where the grounds for a new trial could not with reasonable diligence have been discovered before, but are discovered after the term at which the verdict, report of referee or decision was rendered or made, the application may be made by petition, filed as in other cases...
Page 333 - It is not competent for the court to instruct the jury, as a matter of law, that...
Page 370 - I have already alluded, is when the promise to pay the debt of another arises out of some new and original consideration of benefit or harm moving between the newly contracting parties.
Page 369 - Evidence, therefore, of the agreement cannot be received without the writing or secondary evidence of its contents : 1. An agreement that by its terms is not to be performed within a year from the making thereof ; 2.

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