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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 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 - 1888
...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...
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The Northwestern Reporter, Volum 40

1889
...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...
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A Brief for the Trial of Civil Issues Before a Jury

Austin Abbott - 1889 - 201 sider
...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...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volum 5

Dakota Territory. Supreme Court, Granville Gaylord Bennett, Ellison Griffith Smith, Robert B. Tripp - 1889
...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...
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A Treatise on the Law of Trials in Actions Civil and Criminal, Volum 2

Seymour Dwight Thompson - 1889 - 2376 sider
...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."...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volum 114

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1889
...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...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volum 14

United States. Supreme Court - 1890
...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,...
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Cases Argued and Decided in the Supreme Court of the United States ..., Bok 33

United States. Supreme Court - 1890
...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,...
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The American and English Encyclopedia of Law, Volum 11

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1890
...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....
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volum 19

District of Columbia. Supreme Court (1863-1936), Franklin Hubbell Mackey - 1891
...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...
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