 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 244edited by - 1890Full view - About this book
 | Railroad law - 1899 - 908 pages
...v. Clark, 94 US 284, the court said: Directing verdict "Decided cases may be found where it is held that, if there is a scintilla of evidence in support...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... | |
 | Austin Abbott - Civil procedure - 1900 - 634 pages
...278, 284, 24 L. ed. 59, 61. In this case the court says: "Decided cases may be found where it is held that if there is a scintilla of evidence in support...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... | |
 | Appellate courts - 1904 - 828 pages
...sustain the plea of fraud in the execution of the contract in question. The rule in the federal courts is "that, before the evidence is left to the jury, there...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... | |
 | Law reports, digests, etc - 1905 - 1024 pages
...support a material issue, the case must go to the jury; and this rule is still applied in some states, but the modern decisions have established a more reasonable...is left to the jury, there is or may be in •every cásea preliminary question for the judge, —not wheiher there is literally no evidence, but whether... | |
 | Appellate courts - 1908 - 848 pages
...94 US 278, at page 284, 24 L. Ed. 59, the court says : "Decided cases may be found where It Is held that, If there is a scintilla of evidence in support...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... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1908 - 1348 pages
...in the same case immediately after the words quoted by the court on page 937, come the following : "There is, or may be, in every case a preliminary question for the judge, not whether there is absolutely no evidence, but whether there is more than a scintilla of evidence upon which the jury... | |
 | Henry Campbell Black - Constitutional law - 1910 - 950 pages
...although there may be some slight conflict, of testimony.878 "Decided cases may be found where it is held that if there is a scintilla of evidence in support...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... | |
 | United States. Supreme Court - Law reports, digests, etc - 1913 - 1140 pages
...introducing such evidence. Ryder v. Wombwell, LR, 4 Exch., 31). Decided erases may be found where it is held that, if there is a scintilla of evidence in support...leave it to the jury ; but the modern decisions have estab61 1870. SUPREME Coi' HT OF THE UNITED STATES. OCT. TERM, lished a more reasonable rule, to wit:... | |
 | Elijah Nathaniel Zoline - Criminal law - 1921 - 650 pages
...'Dean v. United States, 246 « 94 US 278, 284, 24 L. ed. 59. Fed. 568, 158 CCA 538 (5th Cir.). 350 reasonable rule, to wit: that, before the evidence...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... | |
 | Montana. Supreme Court - Law reports, digests, etc - 1921 - 866 pages
...Campbell v. Fidelity etc. Co., 109 Ky. 661, 60 SW 492.) Decided cases may be found where it is held that, if there is a scintilla of evidence in support of a cause the judge is bound to leave it to the jury. But the modern rule is that there must be sufficient... | |
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