| Law reports, digests, etc - 1869 - 972 pages
...Womfnvell (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...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... | |
| Law - 1869 - 370 pages
...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... | |
| Law - 1875 - 438 pages
...Improvement 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...is literally no 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... | |
| Law - 1892 - 554 pages
...it to 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... | |
| Law - 1883 - 548 pages
...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...is 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... | |
| Law - 1883 - 552 pages
...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, but whether there is any upon which a jury can properly find a verdict for the party producing it, upon whom the burden of proof... | |
| United States. Supreme Court - Law reports, digests, etc - 1871 - 726 pages
...to the 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 - Legal maxims - 1874 - 880 pages
...(most of 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...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... | |
| Law reports, digests, etc - 1897 - 642 pages
...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... | |
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