 | Law reports, digests, etc - 1889 - 1240 pages
...Afunson, 14 Wall. 448, said: "Recent decisions of high authority have established a more reasonable rule, that in every case, before the evidence is left to...is literally no evidence, but whether there is any upon which a jury can properly proceed to iind a verdict for the party producing it, upon whom the... | |
 | Austin Abbott - Civil procedure - 1889 - 246 pages
...Ired. (NC) L., 545 (question whether there was a writing such as to preclude oral evidence.) The rule, that in every case, before the evidence is left to...judge, not whether there is literally no evidence, but wliether there is any upon which a jury can properly proceed to find a verdict for the party producing... | |
 | Seymour Dwight Thompson - Cross-examination - 1889 - 1428 pages
...the evidence is left to the jury, there is, ormay be ineyerv case, a preliminary niu^tior) fojrjhe judge, not whether there is literally no evidence, but whether there is any upon which a jury can property proceed to find a verdict for the party producing it, upon whom the... | |
 | United States. Supreme Court - Law reports, digests, etc - 1890 - 736 pages
...leave it to the jury, but recent decisions of high authority have established a more reasonable rule, that in every case, before the evidence is left to...is literally no 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... | |
 | United States. Supreme Court - Law reports, digests, etc - 1890 - 1182 pages
...in refusing to charge the jury that the plaintiff, upon the evidence, was not entitled to recover. upon which a jury can properly proceed to find a verdict for the parties producing it, upon whom the... | |
 | Victoria, Alan Skinner - Court rules - 1891 - 448 pages
...v. Green, 8 VLR (L.) 19 ; Wharton v. Tuohy, 1 W. and W. (L.) 217. The modern rule as to a nonsuit is that in every case before the evidence is left to...jury there is a preliminary question for the judge which is, not whether there is literally no evidence to be submitted to the jury, but whether there... | |
 | Jean Joseph Beauchamp, Great Britain. Privy Council - Civil law Canada - 1891 - 946 pages
...could reasonably and properly find a verdict, to direct a non-suit, and that 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... | |
 | Appellate courts - 1901 - 822 pages
...Wall. 448, 20 L. Ed. 867, recent decisions of high authority have established a more reasonable rule that in every case, before the evidence Is left to...is literally no 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... | |
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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... 
