 | Law reports, digests, etc - 1894 - 1280 pages
...finding a verdict in favor of that party. • * * The preliminary question of law for the court is 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 proved is established/' Dwight... | |
 | Law reports, digests, etc - 1897 - 830 pages
...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, not whether...verdict for the party producing it, upon whom the burden of proof is imposed. Mr. Justice Grier announced in Parks v. Ross, 11 How. 373, the following... | |
 | Robert Campbell - Annotations and citations (Law) - 1895 - 824 pages
...Wombmll [* 28] LK, 4 Ex. 32 ; 38 LJ Ex. 8 — has established a more * reasonable rule, viz., that, in every case, before the evidence is left to the...there is literally no evidence, but whether there is an)upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the... | |
 | Marcus Tullius Hun, New York (State). Supreme Court - Law reports, digests, etc - 1894 - 734 pages
...to the jury ; but recent decisions of high authority have established a more reasonable rule, that in every case, before the evidence is left to the...there is any upon which a jury can properly proceed to rind a verdict for the party producing it upon whom the onus of proof rests." The learned chief judge... | |
 | Marcus Tullius Hun - Law reports, digests, etc - 1891 - 740 pages
...it to the jury ; but recent decisions of high authority have established a more reasonable rule that in every case before the evidence is left to the jury...literally no evidence, but whether there is any upon winch a jury can properly proceed to find a verdict for the party producing it, upon whom the onus... | |
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1901 - 774 pages
...always a preliminary question for the court to determine, and that is whether there is any evidence upon which a jury can properly proceed to find a verdict...the party producing it, upon whom the onus of proof rests (Laidlaw v. Sage, 158 NY 73, 96, and authorities there cited), audit can never be for the jury... | |
 | Henry Campbell Black - Constitutional law - 1897 - 864 pages
...Owen v. Owen, 22 Iowa, 270. fore the evidence is left to the jury, there is or may be in every case a preliminary question for the judge, not whether...verdict for the party producing it, upon whom the burden of proof is imposed." 182 The refusal of jurors to obey a peremptory instruction to find a verdict... | |
 | Law reports, digests, etc - 1891 - 1120 pages
...established the more reasonable rule that, in every case, before the evidence is left to the jury, thre is a preliminary question for the judge, not whether...proceed to find a verdict for the party producing it" Miller J., in Improvement Co. v. JHunson, 14 Wai!., 442, 448 ; Commissioners v. Clark, 94 US, 278,... | |
 | Law reports, digests, etc - 1897 - 1212 pages
...him upon that issue. As was said by Mr. Justice Clifford In Improvement Co. v. Munson, 14 Wall. 448: "In every case, before the evidence is left to the...preliminary question for the judge, not whether there le literally no evidence, but whether there is auy upon which a jury can properly proceed to find a... | |
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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 can properly proceed to find a verdict for the party... 
