... 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... Reports ... Proceedings - Страница 69по Ohio State Bar Association - 1898Пълен достъп - Информация за книгата
| 1869 - 972 страници
...Exch. 8. 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...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 that... | |
| Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1864 - 604 страници
...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 for the party producing it, upon whom the onut of proof is imposed. Plaintiff himself contributed to the loss of the Debentures. The Court, however,... | |
| United States. Supreme Court - 1876 - 696 страници
...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... | |
| 1869 - 370 страници
...Eep. there is a preliminary question for the jndge, not whether there is literally no evidence, hut whether there is any upon which a jury can properly proceed to find a verdict for the porty producing it, upon whom the onus of proof ia imposed. If, therefore, the plaintiff's evidence... | |
| 1892 - 554 страници
...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...proceed to find a verdict for the party producing it." Miller, J., in Improvement Co. v. 3f tmooii, 14 Wall. 442, 448 ; Commissioners v. Clark, 94 US 278,... | |
| 1875 - 438 страници
...authority have established the rule that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether...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 страници
...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 страници
...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,... | |
| United States. Supreme Court - 1871 - 726 страници
...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...producing it, upon whom the onus of proof is imposed. J Apply that rule to the present case and it is clear to a demonstration that the ruling was correct,... | |
| Herbert Broom - 1874 - 880 страници
...a more 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...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... | |
| |