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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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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1884 - 978 sider
...(most of which are referred to in Ryder v. Wombwell (I) ) has established a more reasonable rule, viz., that in every case, before the evidence is left to...question for the judge, not whether there is literally no eyidence but whether there is any upon which a jury can properly proceed to find a verdict for the...
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A Digest of the Reported Decisions of the Courts of Common Law ..., Volum 5

John Mews - 1884
...properly find a verdict, as the 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...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volum 3

1884
...to the jury, but that a course of recent decisions has established a more 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 there is literally no evidence, but whether...
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United States Reports: ... and Rules Announced at ..., Volum 113

United States. Supreme Court - 1885
...116, 120, this court said, by Mr. Justice Miller, citing Improvement Co. v. Jfunson, 14 Wall. 442, 448, that " in every case, before the evidence is...cases were cited in Herbert v. Butler, 97 US 319, 320, and this court there said, by Mr. Justice Bradley : " Although there may be some evidence in favor...
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United States Reports: ... and Rules Announced at ..., Volum 113

United States. Supreme Court - 1885
...Wall. 116, 120, this court said, by Mr. Justice Miller, citing Improvement Co. v. Munson, 14 Wall. 442, 448, that " in every case, before the evidence is...imposed." Those cases were cited in Herbert v. Butler, 97 TJ. S. 319, 320, and this court there said, by Mr. Justice Bradley : " Although there may be some evidence...
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A Brief for the Trial of Civil Issues Before a Jury

Austin Abbott - 1885 - 201 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...verdict for the party producing it, upon whom the burden of proof is imposed.'' Baby vs. Cell, 85 Penn. St., 80 (where it is said that the rule that...
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A Treatise on the Law of Railroads, Volum 2

Horace Gay Wood - 1885 - 1953 sider
...the 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 lind a verdict for the party producing it, upon whom the burden of proof is imposed. Cotton v. Wood,...
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The Northeastern Reporter, Volum 22

1890
...evidence does not admit of conflicting inferences relating to the point in question. Moreover, the rule is "not whether there is literally no evidence, but whether there is any upon which a jury can properiy proceed to find a verdict for the party producing it, upon whom the onus of proof rests."...
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Powell's Principles and Practice of the Law of Evidence

Edmund Powell, John Cutler, Edmund Fuller Griffin - 1885 - 732 sider
...whether there is literally any evidence, but whether there is any evidence upon which a jury can properly find a verdict for the party producing it, upon whom the onus of proof is imposed (/). So the suppression of evidence, such as a will, by an adverse holder will warrant the jury in...
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The Eastern Reporter: Containing All the Decisions of the States of ..., Volum 7

1886
...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...the party producing it, upon whom the onus of proof rests." To the same effect are Pleasants v. Fant, 22 Wall. 120 ; Commissioners, etc., v. Clark, 94...
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