...has established a more (16) 38 Law J. R*p. (NB ) Exch. 8. reasonable rule, viz., that, in every case, before the evidence is left to the jury there is a...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...

...properly find a verdict, as the Judge ought to have directed a nonsuit ; and, as in every case before evidence is left to the jury there is a preliminary...question for the Judge, not whether there is literally any evidence, but whether there is any evidence upon which a jury can properly proceed to find a verdict...

...Munson* recent decisions of high authority have established a more reasonable rule, that in every case, before the evidence is left to the jury, there is...question for the judge, not whether there is literally no * 14 Wallace, 448. Opinion of the court. evidence, but whether there is any upon which a jury can properly...

...useful as expressing the practiral differeuee The moderu rule as to nonsuit is that in every ease hefore the evidence is left to the jury there is a preliminary question for the jndge, not whether there is literally no evident», hut whether there is any upon whi,-ha Jury can...

...unson, 14 Wall. 418, recent decisions of high authority have established the rule that in every case, before the evidence is left to the jury, there is...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....

...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...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...

...evidence is left to the jury, there may be in every case, a preliminary question for the presiding judge, not whether there is literally no evidence,...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,...

...but recent decisions of high anthority have established the more reasonable rule, that in every case, before the evidence is 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 can properly...

...reasonable rule, to wit, that in every case, before the evidence is left to the jury, there is or may be a preliminary question for the judge, not whether...producing it, upon whom the onus of proof is imposed. J Apply that rule to the present case and it is clear to a demonstration that the ruling was correct,...

...referred to in Ryder v. Wombwell)1 has established a more reasonable rule, viz., that in every case, before the evidence is left to the jury, there is...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...