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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 Treatise on General Practice: Containing Rules and Suggestions ..., Volum 2

Byron Kosciusko Elliott, William Frederick Elliott - 1894 - 1446 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...proceed to find a verdict for the party producing it, 1 Capital City Oil Works v. Black, 70 5 Thorp v. Craig, 10 Iowa, 461 ; Wolff Miss. 8, SC 12 So. R....
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2 years transportation progress, Volum 25

1894
...finding a verdict in favor of that party. • * * The preliminary question of law for the court is not whether there is literally no evidence, but. whether there is any that ought reasonably to satisfy the jury that the fact sought to be proved is established/' Dwight...
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American Negligence Cases: A Complete Collection of All Reported ..., Volum 7

1897
...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 Grier announced in Parks v. Ross, 11 How. 373, the following...
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Ruling Cases, Volum 3

Robert Campbell - 1895
...Ryder v. Wombmll [* 28] LK, 4 Ex. 32 ; 38 LJ Ex. 8 — has established a more * reasonable rule, viz., that, in every case, before the evidence is left to...there is literally no evidence, but whether there is an)upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the...
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Reports of Cases Heard and Determined in the Supreme ..., Volum 80;Volum 87

Marcus Tullius Hun, New York (State). Supreme Court - 1894
...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...there is any upon which a jury can properly proceed to rind a verdict for the party producing it upon whom the onus of proof rests." The learned chief judge...
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Reports of Cases Heard and Determined in the Supreme Court of the ..., Volum 67

Marcus Tullius Hun, New York (State). Supreme Court - 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...literally no evidence, but whether there is any upon winch a jury can properly proceed to find a verdict for the party producing it, upon whom the onus...
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Reports of Cases Heard and Determined in the Appellate Division of ..., Volum 63

New York (State). Supreme Court. Appellate Division - 1901
...always a preliminary question for the court to determine, and that is whether there is any evidence upon which a jury can properly proceed to find a verdict...the party producing it, upon whom the onus of proof rests (Laidlaw v. Sage, 158 NY 73, 96, and authorities there cited), audit can never be for the jury...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volum 164

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1897
...not in the constitutional right of a trial by jury, for it has long been the doctrine of this court that in every case, before the evidence is left to...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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Handbook of American Constitutional Law

Henry Campbell Black - 1897 - 716 sider
...Owen v. Owen, 22 Iowa, 270. fore 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." 182 The refusal of jurors to obey a peremptory instruction to find a verdict...
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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. Munson, 14 Wall. 448: "In every case, before the evidence is left to the...preliminary question for the judge, not whether there le literally no evidence, but whether there is auy upon which a jury can properly proceed to find a...
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