 | 1869 - 972 sider
...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...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... | |
 | United States. Supreme Court - 1876 - 696 sider
...there is literally no » 14 Wallace, 448. Opinion of the court. evidence, but whether there is any upon which a jury can properly proceed to find a verdict...producing it, upon whom the onus of proof is imposed. The English cases there cited fully sustain the proposition,» and the decisions of this court have... | |
 | 1869 - 370 sider
...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... | |
 | 1883 - 548 sider
...question for the judge, not whether there is literally no evidence, but whether there is any upon which n jury can properly proceed to find a verdict for the party producing it, upon whom the burden of proof is imposed. Clifford, J., iu Commissioners, etc., v. Clark, 94 US 278, 284; Giblin... | |
 | 1892 - 554 sider
...preliminary question for the jndge, 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 it." Miller, J., in Improvement Co. v. 3f tmooii, 14 Wall. 442, 448 ; Commissioners v. Clark, 94 US 278,... | |
 | 1875 - 438 sider
...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.... | |
 | 1921 - 510 sider
...for his adversary." The question then upon a motion for a directed verdict is not whether there is no evidence, but whether there is any evidence upon which...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.... | |
 | Herbert Broom - 1874 - 880 sider
...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...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... | |
 | 1877 - 558 sider
...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 it, upon whom the burden of proof is imposed. Law Rep., 2 Priv. Council Apps. 335; Improvement Co. v. Munson, 14 Wall.... | |
 | Edward William Cox - 1878 - 738 sider
...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...the party producing it, upon whom the onus of proof jg imposed" : (Gilibin v. McMullcn, L. Rep. 3 PC 335.) Sir Colcman O'LogMcn, Serjt., (with him DC Mulcyns,... | |
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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... 
