 | Austin Abbott - Civil procedure - 1889 - 246 pages
...there is a preliminary question for the judge, not whether there is literally no evidence, but wliether there is any upon which a jury can properly proceed...producing it, upon whom the onus of proof is imposed, applies to the question of preliminary proof to lay a foundation for further evidence or to connect... | |
 | Law reports, digests, etc - 1889 - 1240 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 proceed to iind a verdict for the party producing it, upon whom the onus of proof is imposed." On this same point... | |
 | Seymour Dwight Thompson - Cross-examination - 1889 - 1428 pages
...not whether there is literally no evidence, but whether there is any upon which a jury can property proceed to find a verdict for the party producing it, upon whom the burden of proof is imposed." 3 In a very early 1 13 0. B. 909, 91fi. 78, per Lord Blackburn, and In... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - Law reports, digests, etc - 1889 - 780 pages
...case to the jury there must be evidence CPP & M. Co. v. WALKEH. Opinion of the Court, per HAIOHT, J. upon, -which a jury can properly proceed to find a verdict for rty producing it. (Dwight v. GL Ins. Co., 103 NY 359.) ** J. This action is one of replevin, brought... | |
 | United States. Supreme Court - Law reports, digests, etc - 1890 - 1182 pages
...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 parties producing it, upon whom the onus of proof is imposed. Pleasant» v. Fant, 89 US 22 Wall. 120,... | |
 | District of Columbia. Supreme Court (1863-1936), Franklin Hubbell Mackey - Law reports, digests, etc - 1891 - 652 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." Improvement Co. vs. Mason, 14 Wall., 448. In a later case, the Supreme Court states the rule as follows... | |
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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... 
