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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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United States Supreme Court Reports, Volum 24

United States. Supreme Court - 1901
...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. Giblin v. McMullen, LR, 2 1'. C. Apps., 335 ; Improvement Co. v. Munson,...
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Delaware Reports: Containing Cases Decided in the Supreme Court ..., Volum 18

David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Henry Boyce, William Watson Harrington, Charles L. Terry, William J. Storey - 1901
...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." In Randall vs. Salt. & Ohio RR, 109 US, 482, Justice Gray, delivering...
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The Southwestern Reporter, Volum 45

1898
...leave it to the jury, but recent decisions of high authority have established a more reasonable rule, that in every case, before the evidence is left to...producing it, upon whom the onus of proof is imposed." Improvement Co. v. Mimson, 14 Wall. 443. The supreme court In 10 Wall, held: "According to the settled...
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Atlantic Reporter, Volum 7

1887
...more reasonable rule 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." Commissioners Marion Co. v. Clark. 94 US 278-284. It is undoubtedly true...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volum 120

California. Supreme Court - 1906
...him upon that issue. As was said by Mr. Justice Clifford in Improvement Co. v. Munson, 14 Wall. 448 : "In every case, before the evidence is left to the...producing it, upon whom the onus of proof is imposed ;" and in Pleasant v. Faut, 21 Wall. 116, the mlewasstated by Mr. Justice Miller as follows : "If the...
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Confirmation Hearings on Federal Appointments: Hearings ..., Volum 4,Del 1

United States. Congress. Senate. Committee on the Judiciary - 1992
...preponderance of the evidence that the plaintiff is entitled to a verdict -- 'whether there: IB (evidence) upon which a jury can properly proceed to find a verdict for tin- party producing it, upon which Lhe onus of proof Is impDsed. Andersen, ioe s.ct. at 2512. In accordance...
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