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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 - 1900 - 749 sider
...of which are referred to in Hi/der v. Womlncell (in), "has established a more reasonable rule, viz., that in every case, before the evidence is left to...producing it, upon whom the onus of proof is imposed " (n). But where there is conflicting evidence upon a question of fact, whatever may be the opinion...
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The Central Law Journal, Volum 10

1880
...Ryder v. Wombwell, LR 4 Ex. 32; Giblin v. McMullin. LR 2 PC App. 335. In the latter case, it was said: "In every case before the evidence is left to the...any upon which a Jury can properly proceed to find a verdlpt for the party introducing it upon whom the onus of , roof is Imposed." — Bowdich v. City...
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The Central Law Journal, Volum 15

1882
...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." So, also, in another case, where the trial court, by an instruction, had...
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The Central Law Journal, Volum 17

1883
...Insurance Co. v. Rodel, 95 US 238. ' tiupra. THE CENTKAL LAW JOURNAL. vor."4 There may be in every case a preliminary question for the judge, not whether...evidence, but whether there is any upon which a jury can proceed to find a verdict for the party producing it. 6 In taking a case from the jury, great care...
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The Central Law Journal, Volum 92

1921
...motion for a directed verdict is not whether there is no evidence, but whether there is any evidence upon which a jury can properly proceed to find a verdict for the party producing it upon whom the onus is imposed. The reasons for the rule are thus enumerated by Mr. Justice Swayne in Merchants Bonk v....
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The Central Law Journal, Volum 8

1879
...not be sufficient; 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 literally no evidence, bur whether (here is any upon which a jury can properly proceed to find a verdict for the party producing...
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The Central Law Journal, Volum 24

1887
...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 literally no evi2 Mercier v. Mercier, 48 Ga. 823; Jobneon v. Crawley, 22 Ga. 348; Stamper v. Hayes, 25 Ga. 546;...
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United States Reports: Cases Adjudged in the Supreme Court, Volum 281

United States. Supreme Court - 1930
...Court of the District of Columbia. P. 94. 2. Upon a motion for a peremptory instruction the question is not whether there is literally no evidence, but whether there is any 90 Opinion of the Court. upon which a jury can properly find a verdict for the party producing it,...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volum 288

United States. Supreme Court - 1933
...withdrawing the case from the jury. It repeatedly has been held by this court that before evidence may be left to the jury, " there is a preliminary question...producing it, upon whom the onus of proof is imposed." Pleasants v. Fant, 22 Wall. 116, 120-121. And where the evidence is " so overwhelmingly on one side...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volum 288

United States. Supreme Court - 1933
...withdrawing the case from the jury. It repeatedly has been held by this court that before evidence may be left to the jury, " there is a preliminary question...there is literally no evidence, but whether there is anyiupon which a jury can properly proceed to find a verdict for the party producing it, upon whom...
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