...the duty of the court to do what the Judge ought to have done at the trial, and the rule laid down that •in every case before the evidence is left...question for the judge, not whether there is literally noevidence, but whether there is any upon which a jury may properly proceed to find a verdict for the...

...Afunson, 14 Wall. 448, said: "Recent decisions of high authority have established a more reasonable rule, that in every case, before the evidence is left to...there is any upon which a jury can properly proceed to iind a verdict for the party producing it, upon whom the onus of proof is imposed." On this same point...

...Ired. (NC) L., 545 (question whether there was a writing such as to preclude oral evidence.) The rule, that in every case, before the evidence is left to...judge, not whether there is literally no evidence, but wliether there is any upon which a jury can properly proceed to find a verdict for the party producing...

...in a proper action. — Knapp v. Sioux Falls Nat. Bank, 278. Rule as to Submitting Case to Jury. 6. In every case before the evidence is left to the jury, there is a preliminary question for the court, not whether there is literally no evidence, but .whether there is any upon which a jury can...

...the evidence is left to the jury, there is, ormay be ineyerv case, a preliminary niu^tior) fojrjhe judge, not whether there is literally no evidence, but whether there is any upon which a jury can property proceed to find a verdict for the party producing it, upon whom the burden of proof is imposed."...

...case to the jury there must be evidence CPP & M. Co. v. WALKEH. Opinion of the Court, per HAIOHT, J. upon, -which a jury can properly proceed to find a verdict for rty producing it. (Dwight v. GL Ins. Co., 103 NY 359.) ** J. This action is one of replevin, brought...

...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.}; Very strong doubts are entertained whether the construction, of the language employed by the judge,...

...in refusing to charge the jury that the plaintiff, upon the evidence, was not entitled to recover. In every case before the evidence is left to the jury...jury can properly proceed to find a verdict for the parties producing it, upon whom the onus of proof is imposed. Pleasant» v. Fant, 89 US 22 Wall. 120,...

...judge, not whether there literally is no evidence, but whether there is any evidence upon which the jury can properly proceed to find a verdict for the party producing it, upon whom the burden of proof is imposed. CLIFFORD, Justice in Marion Co. Comm. v. Clark, 94 US 284. See Parks v....

...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. vs. Mason, 14 Wall., 448. In a later case, the Supreme Court states the rule as follows...