... 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... The Pacific Reporter - Strana 1311897Úplné zobrazení - Podrobnosti o knize
| 1879 - 540 str.
...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... | |
| 1921 - 510 str.
...motion for a directed verdict is not whether there is no 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 onus is imposed. The reasons for the rule are thus enumerated by Mr. Justice Swayne in Merchants Bank v.... | |
| 1875 - 462 str.
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| 1897 - 642 str.
...both in England and in this country, there is a preliminary question, in all cases, for the Court, not whether there is literally no evidence, but whether there is any that ought reasonably to satisfy the jury, that the fact sought to be found is established; if there... | |
| 1877 - 558 str.
...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...verdict for the party producing it, upon whom the burden of proof is imposed. Law Rep., 2 Priv. Council Apps. 335; Improvement Co. v. Munson, 14 Wall.... | |
| Edward William Cox - 1878 - 738 str.
...the case of Ryder v. Wombiccll, L. Rep. 4 -gx g2) jjas established a more reasonable rule, viz., that in every case before the evidence is left to the jury,...the party producing it, upon whom the onus of proof jg imposed" : (Gilibin v. McMullcn, L. Rep. 3 PC 335.) Sir Colcman O'LogMcn, Serjt., (with him DC Mulcyns,... | |
| John Proffatt, Abraham Clark Freeman - 1881 - 840 str.
...reasonable rule, to wit, that before the evidence is left to the jury, there is or may bo in every case a preliminary question for the judge, not whether...verdict for the party producing it, upon whom the burden of proof is imposed: Law Rep., 2 Priv. Council Ap. 335; Improeement Co. v. Munson, 14 Wall.... | |
| 1879 - 552 str.
...sufficient; that "before the evidence is left to the jury, there is or may be in every case a preliminiry question for the judge, not whether there is literally...verdict for the party producing it, upon whom the burden of proof is imposed." In Schuohardt v. Aliens, 1 Wall. 369, it was said, " A circuit court has... | |
| 1879 - 582 str.
...jury, thcro is or maybe in every case a preliminary question for the judge; not whether there ¡з literally no evidence, but whether there is any upon...find a verdict for the party producing it, upon whom tho burden of proof is imposed. Commissioner» v. Clark, 94 US ¡ÍT8, 284. 'Î. That tho construction... | |
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