 ... 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...  The Supreme Court Reporter - Side 1191897Uten tilgangsbegrensning - Om denne boken
 | 1869 - 972 sider
...(NB ) Exch. 8. reasonable rule, viz., that, in every case, before the evidence is left to the jury there is a preliminary question for the Judge, not...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... | |
 | Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1864 - 604 sider
...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... | |
 | United States. Supreme Court - 1876 - 696 sider
...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...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... | |
 | United States. Supreme Court - 1876 - 696 sider
...up by plaintiff. And in Schuchardt v. Aliens^ this case is referred to as establishing the doctrine that if the evidence be not sufficient to warrant a recovery, it is the duty of the court to instruct the jury accordingly. In the case of Pawling v. The United Statcs,§ the court, by Marshall,... | |
 | 1869 - 370 sider
...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... | |
 | 1892 - 554 sider
...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...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
...high authority have established the rule that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not...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.... | |
 | 1883 - 548 sider
...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... | |
 | 1883 - 552 sider
...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,... | |
 | United States. Supreme Court - 1871 - 726 sider
...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,... | |
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