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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 Federal Reporter, Volum 138

1905
...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." As is also the language of Mr. Justice Miller in Pleasants v. Fant, 22 Wall. 120, 22 L. Ed. 780, another...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumer 29-30

1887
...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. Mr. Justice GRIEP. announced in Parks v. Ross, 11 How. 373, the following...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumer 111-112

1902
...the United States 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 there is literally no evidence, lint whether there is any upon which a jury can properly proceed to find a verdict for the party producing...
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Reports of Cases Determined in the Circuit Court of the United States for ...

United States. Circuit Court (1st Circuit), Nathan Clifford, William Henry Clifford - 1880
...show the rule to be that there is, or may be, in every case, before the question is left to the jury, a preliminary question for the judge, not whether there is literally no evidence to support the issue, but whether there is any upon which the jury can properly proceed to find a verdict...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volum 52

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1881
...recognized by this court in numerous cases. That rule is: "If there is any evidence upon which the jury can properly proceed to find a verdict for the...producing it, upon whom the onus of proof is imposed, the court cannot take the case from the jury. The question is, Is the evidence sufficient to justify...
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The American and English Railroad Cases: A Collection of All Cases in the ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1881
...recognized by this court in numerous cases. That rule is : " If there is any evidence upon which the jury can properly proceed to find a verdict for the...producing it, upon whom the onus of proof is imposed, the court cannot take the case from the jury- The question is, is the evidence sufficient to justify...
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Reports of Cases Decided in the Court of Appeal

Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1882
...considered as settled by the case of Ryder v. Wombwell, LR 4 Ex. 32, that in every case, before the the evidence is left to the jury, there is a preliminary...producing it, upon whom the onus of proof is imposed. Now, we must bear in mind the familiar principle of evidence under which a fact is established against...
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Supreme Court Reporter, Volum 17

1897
...has long been the doctrine of this court that in every case, before the evidence Is left to the Jnry, there is a preliminary question for the Judge, not...producing it upon whom the onus of proof is imposed; and that, if the evidence be not sufficient to warrant a recovery, it Is the duty of the court to instruct...
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The American and English Railroad Cases: A Collection of All Cases in the ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1883
...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." So, also, in another case, where the trial court, by an instruction, had...
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The Pacific Reporter, Volum 49

1897
...him upon that issue. As was said by Mr. Justice Clifford In Improvement Co. v. Munsou, 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 Pleasants v. Fant, 22 Wall. 116, the rule was stated by Mr. Justice Miller as follows: "If the...
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