 | Law - 1883 - 548 pages
...the jury; but the 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...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... | |
 | Law - 1875 - 438 pages
...authority have 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...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.... | |
 | Law - 1883 - 552 pages
...jury ; but the 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 question for the judge, uot whether there is literally no evidence, but whether there is any upon which a jury can properly... | |
 | Law - 1879 - 540 pages
...but the modern decis:ons have established a more reasonable rule, to wit : That before the evidence is left to the jury, there is, or may be, in every...preliminary question for the judge, not whether there isliterally no evidence, but whether there is any upon which a jury can properly proceed to find a... | |
 | Law reports, digests, etc - 1897 - 642 pages
...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 - Law reports, digests, etc - 1876 - 692 pages
...established a more reasonable 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 no * 14 Wallace, 448. Opinion of the court. evidence, but whether there is any upon which a jury can properly... | |
 | Law - 1879 - 552 pages
...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... | |
 | Law - 1879 - 582 pages
...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... | |
 | Law reports, digests, etc - 1902 - 2074 pages
...for the defendant? We are told by the supreme court of the United States that : "Before the evidence is left to the jury, there- is or may be in every...judge, not whether there is literally no evidence, lint whether there is any upon which a jury can properly proceed to find a verdict for the party producing... | |
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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 could properly proceed to find a verdict for the party... 
