 | Herbert Broom, Herbert Francis Manisty, Charles Francis Cagney - 1884 - 1078 էջ
...(most of which are referred to in Ryder v. Wombwell (I) ) has established a more reasonable rule, viz., that in every case, before the evidence is left to...question for the judge, not whether there is literally no eyidence but whether there is any upon which a jury can properly proceed to find a verdict for the... | |
 | John Mews - 1884 - 1048 էջ
...properly find a verdict, as the judge ought to have directed a nonsuit ; and, as 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... | |
 | 1884 - 1126 էջ
...to the jury, but that a course of recent decisions has established a more reasonable rule, to wit, that in every case, before the evidence is left to the jury, there is or may be a preliminary question for the judge, not whether there is literally no evidence, but whether... | |
 | 1885 - 1232 էջ
...Wall. 116, 120, this court said, by Mr. Justice MILLER, citing Improvement Co. v. Munson, 14 Wall. 448, that "in every case, before the evidence is left...cases were cited in Herbert v. Butler, 97 US 319, 820, and this court there said, by Mr. Justice BRADLEY: "Although there may be some evidence in favor... | |
 | Austin Abbott - 1885 - 218 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.'' Baby vs. Cell, 85 Penn. St., 80 (where it is said that the rule that... | |
 | Horace Gay Wood - 1885 - 804 էջ
...the evidence is left to the jury, there may be in every case a preliminary question for the presiding judge, not whether there is literally no evidence,...whether there is any upon which a jury can properly lind a verdict for the party producing it, upon whom the burden of proof is imposed. Cotton v. Wood,... | |
 | 1890 - 1166 էջ
...evidence does not admit of conflicting inferences relating to the point in question. Moreover, the rule is "not whether there is literally no evidence, but whether there is any upon which a jury can properiy proceed to find a verdict for the party producing it, upon whom the onus of proof rests."... | |
 | Edmund Powell, John Cutler, Edmund Fuller Griffin - 1885 - 772 էջ
...whether there is literally any evidence, but whether there is any evidence upon which a jury can properly find a verdict for the party producing it, upon whom the onus of proof is imposed (/). So the suppression of evidence, such as a will, by an adverse holder will warrant the jury in... | |
 | 1886 - 956 էջ
...leave it to the jury ; but recent decisions of high authority have established a more reasonable rule, that in every case, before the evidence is left to...the party producing it, upon whom the onus of proof rests." To the same effect are Pleasants v. Fant, 22 Wall. 120 ; Commissioners, etc., v. Clark, 94... | |
 | 1909 - 1164 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." Paine v. Railway, 58 NH 611, 614. "We do not mean to say that a mere scintilla... | |
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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... 
