 | Law reports, digests, etc - 1897 - 1036 pages
...left to the Jnry, there is a preliminary question for the Judge, not whether there is literally no evidence, but whether there is any upon which a Jury...producing it upon whom the onus of proof is imposed; and that, if the evidence be not sufficient to warrant a recovery, it Is the duty of the court to instruct... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1883 - 796 pages
...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...verdict for the party producing it, upon whom the burden of proof is imposed." So, also, in another case, where the trial court, by an instruction, had... | |
 | Law reports, digests, etc - 1884 - 1126 pages
...the jury, there is or may be a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury...producing it, upon whom the onus of proof is imposed. Jewell v. Parr, 13 С. В., 909; Toomey v. L. it B. Kail way Company, 3 id., XS, 156; Wheelton v. Hardisty,... | |
 | Law reports, digests, etc - 1897 - 1158 pages
...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...producing it, upon whom the onus of proof Is Imposed." And In Pleasants v. Fant, 22 Wall. 116, the rule was stated by Mr. Justice Miller as follows: "If the... | |
 | Herbert Broom, Herbert Francis Manisty, Charles Francis Cagney - Legal maxims - 1884 - 1078 pages
...the jury, there is a preliminary question for the judge, not whether there is literally no eyidence but whether there is any upon which a jury can properly...producing it, upon whom the onus of proof is imposed " (?»,). But where there is conflicting evidence upon a question of fact, whatever may be the opinion... | |
 | John Mews - Law reports, digests, etc - 1884 - 1048 pages
...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 find a verdict for the party producing it, upon whom theonusof proof is imposed, Giblinv. .Wfi.lfulli'ii.... | |
 | Law reports, digests, etc - 1885 - 1232 pages
...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...producing it, upon whom the onus of proof is imposed." Those cases were cited in Herbert v. Butler, 97 US 319, 820, and this court there said, by Mr. Justice... | |
 | United States. Supreme Court - Law reports, digests, etc - 1885 - 848 pages
...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...producing it, upon whom the onus of proof is imposed." Those cases were cited in Herbert v. Butler, 97 TJ. S. 319, 320, and this court there said, by Mr.... | |
 | Austin Abbott - Civil procedure - 1885 - 218 pages
...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...verdict for the party producing it, upon whom the burden of proof is imposed.'' Baby vs. Cell, 85 Penn. St., 80 (where it is said that the rule that... | |
 | Edmund Powell, John Cutler, Edmund Fuller Griffin - Evidence (Law) - 1885 - 772 pages
...whether there is literally any evidence, but whether there is any evidence upon which a jury can properly find a verdict for the party producing it, upon whom the onus of proof is imposed (/). So the suppression of evidence, such as a will, by an adverse holder will warrant the jury in... | |
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... 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 producing... 
