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" ... 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 438
1885
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The Central Law Journal, Volum 9

1879
...there is, or may be, in every case a preliminary question for the judge, not whether there isliterally no evidence, but whether there is any upon which a...verdict for the party producing it, upon whom the burden of proof is imposed." In Merchants Bank v. State Bank, 10 Wall. 637, the trial court, by an...
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The Central Law Journal, Volum 92

1921
...motion for a directed verdict is not whether there is no evidence, but whether there is any evidence upon which a jury can properly proceed to find a 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....
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volum 40

1897
...both in England and in this country, there is a preliminary question, in all cases, for the Court, not whether there is literally no evidence, but whether there is any that ought reasonably to satisfy the jury, that the fact sought to be found is established; if there...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volum 22

United States. Supreme Court - 1876
...Improvement Company v. Jllnnson,* recent decisions of high authority have established a more reasonable rule, that in every case, before the evidence is left to...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...
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Albany Law Journal, Volum 15

1877
...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...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....
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Reports of Cases in Criminal Law Argued and Determined in All the Courts in ...

Edward William Cox - 1878
...in the case of Ryder v. Wombiccll, L. Rep. 4 -gx g2) jjas established a more reasonable rule, viz., that in every case before the evidence is left to...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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The American Decisions: Containing All the Cases of General Value ..., Volum 24

John Proffatt, Abraham Clark Freeman - 1881
...reasonable rule, to wit, that before the evidence is left to the jury, there is or may bo in every case a preliminary question for the judge, not whether...verdict for the party producing it, upon whom the burden of proof is imposed: Law Rep., 2 Priv. Council Ap. 335; Improeement Co. v. Munson, 14 Wall....
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The Central Law Journal, Volum 8

1879
...sufficient; that "before the evidence is left to the jury, there is or may be in every case a preliminiry question for the judge, not whether there is literally...verdict for the party producing it, upon whom the burden of proof is imposed." In Schuohardt v. Aliens, 1 Wall. 369, it was said, " A circuit court has...
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The Albany Law Journal: A Weekly Record of the Law and the Lawyers, Volum 20

1879
...jury, thcro is or maybe in every case a preliminary question for the judge; not whether there ¡з literally no evidence, but whether there is any upon...find a verdict for the party producing it, upon whom tho burden of proof is imposed. Commissioner» v. Clark, 94 US ¡ÍT8, 284. 'Î. That tho construction...
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Reports of cases decided in: afterw. determined by the ..., Volum 1;Volum 17

William Pugsley - 1879
...jury because there is a scintilla of. evidence, but that the true rule is that 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...
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