 ... 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 Central Law Journal - Side 2281879Uten tilgangsbegrensning - Om denne boken
 | William Francis Bailey - 1894 - 674 sider
...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...producing it, upon whom the burden of proof is imposed." Maine. Negligence must be proved by evidence having legal weight, and upon which the verdict of a jury... | |
 | Frank Sumner Rice - 1894 - 1062 sider
...reasonable rule; 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...verdict for the party producing it, upon whom the onus of proof rests. SchuylkiU da D. Imp. & R. Co. v. Munson, 81 US 14 Wall. 442, 20 L. ed. 867; Pleanants... | |
 | Byron Kosciusko Elliott, William Frederick Elliott - 1894 - 882 sider
...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...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.... | |
 | 1894 - 1246 sider
...reasonable rule.— 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...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... | |
 | 1894 - 1280 sider
...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... | |
 | 1897 - 830 sider
...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...producing it, upon whom the burden of proof is imposed. Mr. Justice Grier announced in Parks v. Ross, 11 How. 373, the following forcible propositions: "Undoubtedly... | |
 | Robert Campbell - 1895 - 824 sider
...reasonable rule, viz., 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 an)upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the... | |
 | Marcus Tullius Hun, New York (State). Supreme Court - 1894 - 734 sider
...reasonable rule, 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...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... | |
 | New York (State). Supreme Court. Appellate Division - 1901 - 774 sider
...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 for 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... | |
 | Marcus Tullius Hun - 1891 - 740 sider
...more reasonable rule 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 winch a jury can properly proceed to find a verdict for the party producing it, upon whom the onus... | |
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