 | 1879 - 540 էջ
...there is, or may be, in every case a preliminary question for the judge, not whether there isliterally no evidence, but whether there is any upon which a...verdict for the party producing it, upon whom the burden of proof is imposed." In Merchants Bank v. State Bank, 10 Wall. 637, the trial court, by an... | |
 | 1921 - 510 էջ
...motion for a directed verdict is not whether there is no evidence, but whether there is any evidence upon which a jury can properly proceed to find a verdict for the party producing it upon whom the onus is imposed. The reasons for the rule are thus enumerated by Mr. Justice Swayne in Merchants Bank v.... | |
 | 1897 - 642 էջ
...both in England and in this country, there is a preliminary question, in all cases, for the Court, not whether there is literally no evidence, but whether there is any that ought reasonably to satisfy the jury, that the fact sought to be found is established; if there... | |
 | United States. Supreme Court - 1876 - 692 էջ
...Improvement Company v. Jllnnson,* recent decisions of high authority have established a more reasonable rule, that in every case, before the evidence is left to...question for the judge, not whether there is literally no * 14 Wallace, 448. Opinion of the court. evidence, but whether there is any upon which a jury can properly... | |
 | 1877 - 558 էջ
...reasonable rule, to wit: That before the evidence is left to the jury, there is, or may be in every case, a preliminary question for the judge, not whether...verdict for the party producing it, upon whom the burden of proof is imposed. Law Rep., 2 Priv. Council Apps. 335; Improvement Co. v. Munson, 14 Wall.... | |
 | Edward William Cox - 1878 - 738 էջ
...in the case of Ryder v. Wombiccll, L. Rep. 4 -gx g2) jjas established a more reasonable rule, viz., that in every case before the evidence is left to...the party producing it, upon whom the onus of proof jg imposed" : (Gilibin v. McMullcn, L. Rep. 3 PC 335.) Sir Colcman O'LogMcn, Serjt., (with him DC Mulcyns,... | |
 | John Proffatt, Abraham Clark Freeman - 1881 - 840 էջ
...reasonable rule, to wit, that before the evidence is left to the jury, there is or may bo in every case a preliminary question for the judge, not whether...verdict for the party producing it, upon whom the burden of proof is imposed: Law Rep., 2 Priv. Council Ap. 335; Improeement Co. v. Munson, 14 Wall.... | |
 | 1879 - 552 էջ
...sufficient; that "before the evidence is left to the jury, there is or may be in every case a preliminiry question for the judge, not whether there is literally...verdict for the party producing it, upon whom the burden of proof is imposed." In Schuohardt v. Aliens, 1 Wall. 369, it was said, " A circuit court has... | |
 | 1879 - 582 էջ
...jury, thcro is or maybe in every case a preliminary question for the judge; not whether there ¡з literally no evidence, but whether there is any upon...find a verdict for the party producing it, upon whom tho burden of proof is imposed. Commissioner» v. Clark, 94 US ¡ÍT8, 284. 'Î. That tho construction... | |
 | William Pugsley - 1879 - 814 էջ
...jury because there is a scintilla of. evidence, but that the true rule is that in every case before evidence is left to the jury, there is a preliminary...question for the Judge, not whether there is literally any evidence but whether there is any evidence upon which a jury can properly proceed to find a verdict... | |
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... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party... 
