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" If there was such proof, whether there was, upon all the evidence, such a preponderance of proof, against the existence of any of those facts, that the verdict of a jury, affirming the existence thereof, rendered in an action, in the supreme court, triable... "
The Northeastern Reporter - Side 184
1925
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Laws of the State of New York, Volum 2

New York (State) - 1880 - 832 sider
...determination. 5. If there was such proof, whether there was, upon all the evidence, such a preponderance of proof, against the existence of any of those facts,...aside by the court, as against the weight of evidence. § 2141. The court, upon the hearing, may make a final order, annulling or confirming, wholly or partly,...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 sider
...determination. 5. If there was such proof, whether there was, upon all the evidence, such a preponderance of proof, against the existence of any of those facts,...aside by the court, as against the weight of evidence. 5S How. Pr. 4M : People r. Police Com'rs, r< linn. ?_*.> ; sc . V Flow. Pr. 289; People f. Board of...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volum 92

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1883 - 820 sider
...the hearing have power to determine " whether there was upon all the evidence such a preponderance of proof against the existence of any of those facts, that the verdict of a jury Opinion of the Court, per RUQEU, Cli. J. affirming the existence thereof, rendered in an action in...
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New York Criminal Reports: Reports of Cases Decided in All Courts ..., Volum 38

1922 - 624 sider
...determination, and if there was such proof, whether there was upon all the evidence such a preponderance of proof against the existence of any of those facts...aside by the court as against the weight of evidence. (Code Civ. Proc., § 2140.) The rule of Gompers v. Bucks Stove & Range Co. (221 US 448) afforded to...
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Rust's New York Code of Civil Procedure 1885

New York (State), Charles David Rust - 1885 - 814 sider
...whether there was, upon all the evidence, auch a preponderance of proof, against the existence ot ajy of those facts, that the verdict of a jury, affirming...aside by the court, as against the weight of evidence. § 2141. The court, upon the hearing, may make a final order, annulling or confirming, wholly or partly,...
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The Practice in Special Proceedings in the Courts of Record of the State of ...

James Newton Fiero - 1887 - 772 sider
...determination. 5. If there was such proof, whether there was, upon all the evidence, such a preponderance of proof against the existence of any of those facts,...aside by the court as against the weight of evidence. The codifiers as to this section have said : " The questions which the foregoing section aims to settle...
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The New York Code of Civil Procedure: As Amended To, and Including 1887 ...

1887 - 814 sider
...whether there was, upon all the evidence, euch a preponderance of proof, against the existence of aay of those facts, that the verdict of a jury, affirming the existence thereof, rendered in au action in the supreme court, triable by a jury, would be set aside by the court, as against the...
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The New York Supplement, Volum 172

1919 - 1082 sider
...determination. (5) If there was such proof, whether thero was, upon all the evidence, such a preponderance of proof, against the existence of any of those facts,...by the court, as against the weight of evidence." That is, if there is competent proof of a fact, then the determination of the inferior tribunal may...
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The New York Supplement, Volum 87

1904 - 1262 sider
...there was "upon all the evidence such a preponderance of proof against the existence of any of these facts that the verdict of a jury affirming the existence...aside by the court as against the weight of evidence." Section 2140, Code Civ. Proc. It is our duty, therefore, in reviewing the proceedings, to determine...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volum 110

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1888 - 812 sider
...authorized to review the facts and determine whether there was " upon all the evidence, such a preponderance of proof against the existence of any of those facts,...rendered in an action in the Supreme Court, triable by jury, would be set aside by the court as against the weight of evidence." It is quite impossible, we...
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