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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 County Court Act, 1890: With Rules, Notes and Index

Victoria, Alan Skinner - 1891 - 421 sider
...v. Green, 8 VLR (L.) 19 ; Wharton v. Tuohy, 1 W. and W. (L.) 217. The modern rule as to a nonsuit is that in every case before the evidence is left to...jury there is a preliminary question for the judge which is, not whether there is literally no evidence to be submitted to the jury, but whether there...
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The Jurisprudence of the Privy Council: Containing a Digest of All the ...

Jean Joseph Beauchamp - 1891 - 920 sider
...could reasonably and properly find a verdict, to direct a non-suit, and that 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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The New York Supplement

1891
...there is literally no evidence, but whether there is any upon which a jury can properly proceed to lind a verdict for the party producing it, upon whom the onus of proof rests.'" This is the language of KUGER. С. J , in Dwight v. Insurance Co., 103 NY 358, 8 NE Rep. 654....
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1901
...Wall. 448, 20 L. Ed. 867, 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. * * * It is the province of the court, either before or after the verdict, to decide whether the plaintiff...
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The Northwestern Reporter, Volum 52

1892
...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...there is any upon which a jury can properly proceed to une a verdict for the party producing It upon whom tbe burden of proof le imposed." Commissioners v....
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The American State Reports: Containing the Cases of General Value ..., Volum 33

Abraham Clark Freeman - 1893
...preliminary question for the judge, not whether there is literally no evidence, but whether there if any upon which a jury can properly proceed to find...the party producing it, upon whom the onus of proof resta." The rule should be regarded as settled, under all the authorities, as well by the decisions...
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The New York Supplement

1894
...it to the Jury; but recent decisions of high authority hav> 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 liiid a verdict for the party producing it, upon whom the onus rests." The learned chief judge also...
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Reports of Cases at Law and in Equity Determined by the Supreme ..., Volum 85

Iowa. Supreme Court - 1894
...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...a verdict for the party producing it upon whom the burden of proof is imposed." Commissioners v. Clark, 94 US 278. See also, Improvement Co. v. Munson,\k...
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The General Principles of the Law of Evidence: In Their Application to the ...

Frank Sumner Rice - 1894 - 979 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. Sohuylkill <& D. Imp. & R. Co. v. Munson, 81 U. S. 14 Wall. 448, 20 L....
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The Law of the Master's Liability for Injuries to Servant

William Francis Bailey - 1894 - 647 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." Maine. Negligence must be proved by evidence having legal weight, and...
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