...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...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...

...l869case, 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...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...

...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...

...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...

...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,...

...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...

...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...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...

...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...producing it, upon whom the burden of proof is imposed." In Merchants Bank v. State Bank, 10 Wall. 637, the trial court, by an instruction, had taken the case...

...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...verdict for the party producing it, upon whom the onus of proof is imposed."2 It remains to add, that where the judge misconceives his duty, and presents...

...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...