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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... "
United States reports: cases adjudged in the Supreme Court at ... and rules ... - Page 241
by United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1885
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1869
...Womfnvell (15) — has established a more (16) 38 Law J. R*p. (NB ) Exch. 8. reasonable rule, viz., that, in every case, before the evidence is left to...producing it, upon -whom the onus of proof is imposed. If, therefore, the plaintiffs' evidence in this case was such that the Judge ought to have considered...
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Reports of Cases Heard and Determined by the Judicial Committee ..., Volume 13

Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - Law reports, digests, etc - 1864
...properly find a verdict, as the Judge ought to have directed a nonsuit ; and, as 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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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 22

United States. Supreme Court, John William Wallace - Law reports, digests, etc - 1876
...question for the judge, not whether there is literally no * 14 Wallace, 448. Opinion of the court. evidence, but whether there is any upon which a jury...producing it, upon whom the onus of proof is imposed. The English cases there cited fully sustain the proposition,* and the decisions of this court have...
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The Canada Law Journal, Volume 5

Law - 1869
...useful as expressing the practiral differeuee The moderu rule as to nonsuit is that in every ease hefore the evidence is left to the jury there is a preliminary question for the jndge, not whether there is literally no evident», hut whether there is any upon whi,-ha Jury can...
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Albany Law Journal, Volume 11

Law - 1875
...Improvement Company v. M unson, 14 Wall. 418, recent decisions of high authority have established the rule that in every case, before the evidence is left to...evidence, but whether there is any upon which a jury cau properly proceed to find a verdict for the party producing it, upon whom the emu* of proof is imposed....
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Albany Law Journal, Volume 27

Law - 1883
...evidence is left to the jury, there may be in every case, a preliminary question for the presiding judge, not whether there is literally no evidence,...whether there is any upon which a jury can properly find a verdict for the party producing it, upon whom the burden of proof is imposed. Cotton v. Wood,...
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volume 44

Law - 1892
...it to the jury ; but recent decisions of high anthority have established the more reasonable rule, that in every case, before the evidence is left to the jury, there is a preliminary question for the jndge, not whether there is literally no evidence, but whether there is any upon which a jury can properly...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 10

United States. Supreme Court, John William Wallace - Law reports, digests, etc - 1909
...to the jury, but that a course of recent decisions has established a more reasonable rule, to wit, that in every case, before the evidence is left to the jury, there is or may be a preliminary question for the judge, not whether there is literally no evidence, but whether...
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A Selection of Legal Maxims: Classified and Illustrated

Legal maxims - 1874 - 993 pages
...(most of which are referred to in Ryder v. Wombwell)1 has established a more reasonable rule, viz., that in every case, before the evidence is left to...party producing it, upon whom the onus of proof is imposed."2 It remains to add, that where the judge misconceives his duty, and presents the question...
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The Central Law Journal, Volume 9

Law - 1879
...there is, or may be, in every case a preliminary question for the judge, not whether there isliterally no evidence, but whether there is any upon which a...verdict for the party producing it, upon whom the burden of proof is imposed." In Merchants Bank v. State Bank, 10 Wall. 637, the trial court, by an...
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