...in a proper action. — Knapp v. Sioux Falls Nat. Bank, 278. Rule as to Submitting Case to Jury. 6. In every case before the evidence is left to the jury, there is a preliminary question for the court, not whether there is literally no evidence, but .whether there is any upon which a jury can...

...case to the jury there must be evidence CPP & M. Co. v. WALKEH. Opinion of the Court, per HAIOHT, J. upon, -which a jury can properly proceed to find a verdict for rty producing it. (Dwight v. GL Ins. Co., 103 NY 359.) ** J. This action is one of replevin, brought...

...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 the...producing it, upon whom the onus of proof is imposed.}; Very strong doubts are entertained whether the construction, of the language employed by the judge,...

...in refusing to charge the jury that the plaintiff, upon the evidence, was not entitled to recover. In every case before the evidence is left to the jury...jury can properly proceed to find a verdict for the parties producing it, upon whom the onus of proof is imposed. Pleasant» v. Fant, 89 US 22 Wall. 120,...

...judge, not whether there literally is no evidence, but whether there is any evidence upon which the jury can properly proceed to find a verdict for the party producing it, upon whom the burden of proof is imposed. CLIFFORD, Justice in Marion Co. Comm. v. Clark, 94 US 284. See Parks v....

...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 the...producing it, upon whom the onus of proof is imposed." Improvement Co. vs. Mason, 14 Wall., 448. In a later case, the Supreme Court states the rule as follows...

...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 the 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...

...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...

...there is literally no evidence, but whether there is any upon which a jury can properly proceed to lind a verdict for the party producing it, upon whom the onus of proof rests.'" This is the language of KUGER. С. J , in Dwight v. Insurance Co., 103 NY 358, 8 NE Rep. 654....

...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 the...producing It, upon whom the onus of proof is imposed. * * * It is the province of the court, either before or after the verdict, to decide whether the plaintiff...