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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... "
The Central Law Journal - Page 228
1879
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1869 - 970 pages
...reasonable rule, viz., 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...verdict for the party producing it, upon -whom the onus of proof is imposed. If, therefore, the plaintiffs' evidence in this case was such that the Judge...
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Reports of Cases Heard and Determined by the Judicial Committee ..., Volume 5

Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - Law reports, digests, etc - 1864 - 604 pages
...rule, viz., that in every l869case, before the evidence is left to the jury, there is a preliminary question for the Judge, not whether there is literally...verdict for the party producing it, upon whom the onus of proof is imposed. If, therefore, the Plaintiff's evidence in this case was such that the Judge...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 22

United States. Supreme Court - Law reports, digests, etc - 1876 - 696 pages
...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...verdict for the party producing it, upon whom the onus of proof is imposed. The English cases there cited fully sustain the proposition,* and the decisions...
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The Canada Law Journal, Volume 5

Law - 1869 - 370 pages
...Eep. there is a preliminary question for the jndge, not whether there is literally no evidence, hut whether there is any upon which a jury can properly proceed to find a verdict for the porty producing it, upon whom the onus of proof ia imposed. If, therefore, the plaintiff's evidence...
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Albany Law Journal, Volume 44

Law - 1892 - 554 pages
...every case, before the evidence is left to the jury, there is a preliminary question for the jndge, not whether there is literally no evidence, but whether...proceed to find a verdict for the party producing it." Miller, J., in Improvement Co. v. 3f tmooii, 14 Wall. 442, 448 ; Commissioners v. Clark, 94 US 278,...
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Albany Law Journal, Volume 11

Law - 1875 - 438 pages
...established the rule 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...evidence, but whether there is any upon which a jury cau properly proceed to find a verdict for the party producing it, upon whom the emu* of proof is imposed....
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Albany Law Journal, Volume 27

Law - 1883 - 552 pages
...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 find a verdict for the party producing it, upon whom the burden of proof is imposed. Cotton v. Wood,...
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Albany Law Journal, Volume 27

Law - 1883 - 548 pages
...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 there is literally no evidence, but whether there is any upon which n jury can properly proceed to find a verdict for the party producing it, upon whom the burden of proof...
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Albany Law Journal, Volume 31

Law - 1885 - 544 pages
...consideration of the jury when there is no evidence upon which they can in any justifiable view find for the party producing it, upon whom the burden of proof is imposed. (4) It is not enough to require submission to a jury, that there may be a crumb or scintilla of evidence....
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Cases Argued and Adjudged in the Supreme Court of the ..., Volume 10; Volume 77

United States. Supreme Court - Law reports, digests, etc - 1871 - 726 pages
...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...verdict for the party producing it, upon whom the onus of proof is imposed. J Apply that rule to the present case and it is clear to a demonstration...
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