...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...any upon which a jury can properly proceed to find a ven'ict for the party producing it, upon whom the onus of proof rests.' To the same effect are Pleasants...

...reatouable 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...a verdict for the party producing it upon whom the опия of proof rests." to it would be set aside, it is the duty of the trial judge to nonsuit or...

...— that in every case, before the evidence is left to the jury, there is a preliminary question fr the judge, not whether there is literally no evidence,...there is any upon which a jury can properly proceed tonnd a verdict for the party producing it, upon whom the onus of proof is imposed." As is also the...

...wit, that, before the evidence is left to the Jury, there is or may be in every case a prellminary question for the judge, not whether there is literally...there Is any upon which a jury can properly proceed to flnd a verdict for the party producing it, upon whom the burden of proof Is imposed." In Meguire v....

...rule; to wit, thai before the cause is left to the Jury, there is or may be in every case a preliminary question for the judge, not whether there is literally...there is any upon which a jury can properly proceed to lind a verdict for the party producing it, upon whom the burden of prouf is imposed." And in Elliott...

...favor of his opponent if one were rendered. At the close of the evidence there Is always a preliminary question for the Judge, — not whether there is literally no evidence, but whether there is any substantial evidence, upon which the jury can properly render a verdict in favor of the party who produces...

...iNSTRUCT1ON — EVIDENCE. On a prayer for a peremptory instruction in a federal court, the question is not whether there is literally no evidence, but whether there is any evidence, on which a jury can properly proceed to find a verdict for the party producing it, on whom...

...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...it, upon whom the burden of proof is imposed." In Merchants Bank v. State Bank, 10 Wall. 637, the trial court, by an instruction, had taken the case...

...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." So, also, in another case, where the trial court, by an instruction, had taken the case from the jury...

...reasonable rule, that in evencase, 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 is imposed. The English cases there cited fully sustain the proposition, and the decisions...