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" 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 a jury can properly proceed to find a verdict for the... "
The American and English Encyclopedia of Law - Page 244
edited by - 1890
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Albany Law Journal, Volume 27

Law - 1883
...introducing such evidence. Ryder v. Wombwell, L. R, 4 Ex. 39. Decided cases may be found where it is held that if there is a scintilla of evidence in support...the judge is bound to leave it to the jury; but the decisions have established a more reasonable rule, to wit, that before the evidence is left to the...
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Albany Law Journal, Volume 27

Law - 1883
...introducing such evidence. Ryder v. Wombwell, L. R, 4 Ex. 39. Decided cases may be found where it is held that if there is a scintilla of evidence in support...the judge is bound to leave it to the jury ; but the decisions have established a more reasonable rule, to wit, that before the evidence is left to the...
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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
...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 there...
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The Central Law Journal, Volume 9

Law - 1879
...verdict in favor of the party introducing such evidence. Decided cases may be found where it is held that, if there is a scintilla of evidence in support of a case, the j udge is bound to. leave it to thejury, but the modern decis:ons have established a more reasonable...
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Albany Law Journal, Volume 15

Law - 1877
...euch evidence. Ryder v. Wombwell, Law Rep., 4 Exoh. 39. Decided cases may be found where it is held that if there is a scintilla of evidence in support...the judge is bound to leave it to the jury, but the modem decisions have established a more reasonable rule, to wit: That before the evidence is left to...
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The American Decisions: Containing All the Cases of General Value ..., Volume 24

John Proffatt, Abraham Clark Freeman - Law reports, digests, etc - 1881
...introducing such evidence: fiy;ler v. WomMl, LR, 4 Ex. 39. Decided cases may be found where it is held that if there is a scintilla of evidence in support...the evidence is left to the jury, there is or may bo in every case a preliminary question for the judge, not whether there is literally no evidence,...
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The Central Law Journal, Volume 8

Law - 1879
...Commissioners v. Clark, 94 US 284, following the English rule, it was said a scintilla would not be 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 no evidence, but whether there is...
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Albany Law Journal, Volume 20

Law - 1879
...considered as settled beyond dispute: 1. That before tho evidence s left to the 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 which a jury can properly proceed to find...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 29-30

Law reports, digests, etc - 1887
...a verdict in favor of the party addncins such evidence. Decided cases may be found where it is held that, if there is a scintilla of evidence in support...decisions have established a more reasonable rule, to-wit, that, before the evidence is left to the jury, there is or may be in every case a preliminary...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 111-112

Law reports, digests, etc - 1902
...court to direct a verdict for the defendant? We are told by the supreme court of the United States that : "Before the evidence is left to the jury, there-...preliminary question for the judge, not whether there is literally no evidence, lint whether there is any upon which a jury can properly proceed to find...
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