 | Law reports, digests, etc - 1869 - 972 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...producing it, upon -whom the onus of proof is imposed. If, therefore, the plaintiffs' evidence in this case was such that the Judge ought to have considered... | |
 | Law - 1869 - 370 pages
...Eep. there is a preliminary question for the jndge, not whether there is literally no evidence, hut whether there is any upon which a jury can properly proceed to find a verdict for the porty producing it, upon whom the onus of proof ia imposed. If, therefore, the plaintiff's evidence... | |
 | Law - 1892 - 554 pages
...left to the jury, there is a preliminary question for the jndge, not whether there is literally no evidence, but whether there is any upon which a jury...proceed to find a verdict for the party producing it." Miller, J., in Improvement Co. v. 3f tmooii, 14 Wall. 442, 448 ; Commissioners v. Clark, 94 US 278,... | |
 | Law - 1875 - 438 pages
...the judge, not whether there is literally no 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. The Eugttsh cases there cited fully sustain the proposition (see Jewell v.... | |
 | Law - 1883 - 552 pages
...be in every case, a preliminary question for the presiding 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 the burden of proof is imposed. Cotton v. Wood,... | |
 | Law - 1883 - 548 pages
...maybe in every case, a preliminary question for the presiding 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 the burden of proof is imposed. Cotton v. Wood,... | |
 | Herbert Broom - Legal maxims - 1874 - 880 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...party producing it, upon whom the onus of proof is imposed."2 It remains to add, that where the judge misconceives his duty, and presents the question... | |
 | Law - 1921 - 510 pages
...motion for a directed verdict is not whether there is no evidence, but whether there is any evidence upon which a jury can properly proceed to find a verdict for the party producing it upon whom the onus is imposed. The reasons for the rule are thus enumerated by Mr. Justice Swayne in Merchants Bank v.... | |
 | Law - 1877 - 558 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. Law Rep., 2 Priv. Council Apps. 335; Improvement Co. v. Munson, 14 Wall.... | |
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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... 
