 ... 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 producing...  United States Supreme Court Reports - Side 209av United States. Supreme Court - 1889Uten tilgangsbegrensning - Om denne boken
 | 1869 - 972 sider
...(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 the jury...jury can properly proceed to find a verdict for the party producing it, upon -whom the onus of proof is imposed. If, therefore, the plaintiffs' evidence... | |
 | Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1864 - 604 sider
...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... | |
 | United States. Supreme Court - 1876 - 696 sider
...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 can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed. The English cases there cited fully sustain... | |
 | 1869 - 370 sider
...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... | |
 | 1875 - 438 sider
...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 the jury,...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.... | |
 | 1883 - 548 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...literally no evidence, but whether there is any upon which n jury can properly proceed to find a verdict for the party producing it, upon whom the burden of proof... | |
 | 1883 - 552 sider
...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,... | |
 | 1892 - 554 sider
...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... | |
 | United States. Supreme Court - 1871 - 726 sider
...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... | |
 | Herbert Broom - 1874 - 880 sider
...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 the jury,...jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed."2 It remains to add, that where the judge... | |
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