...is whether there Is such a preponderance of evidence against the existence of the facts found that a verdict of a jury affirming the existence thereof,...rendered in an action In the Supreme Court triable by jury, should be set aside by the court as against the weight of evidence, though the relator alleges...

...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 thereof, rendered in an action of the Supreme Court, triable by a jury, would be set aside by the court, as against the weight of...

...verdict of the jury confirming the existence thereof rendered an action in the Supreme Court triable by jury would be set aside by the court as against the weight of evidence." And section 2141, in speaking of the final order, provides that the court may make a final order annulling...

...whether there was, upon all the evidence, euch a preponderance of proof, against the existence of азу 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,...

...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...that the verdict of a jury affirming the existence therof, rendered in an action in the Supreme Court, triable by a jury, would be set aside by the court...

...preponderance of proof against the charge that if a jury had found against the relator, the verdict would be set aside by the court as against the weight of evidence. Upon the contrary, we think that the weight of evidence is upon the other side. The relator contradicted...

...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,...be set aside by the court, as against the weight of evidence.1 We quote from the note of the codifiers, in their report: "The questions, which this section...

...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,...action in the supreme court, triable by a jury, would bo aet aside by the court, as against the weight of evidence. New. Baldwin 11. City of Buffalo, 35...

...the verdict of a jury in affirmation thereof, rendered in an action in the Supreme Court triable by jury, would be set aside by the court as against the weight of evidence. The meaning of this section is shown to be identical with the common-law rule adopted before the passage...

...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,...