 ... 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 producing...  Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Page 151by Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1881Full view - About this book
 | Law reports, digests, etc - 1869 - 972 pages
...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...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... | |
 | United States. Supreme Court - Law reports, digests, etc - 1876 - 696 pages
...literally no * 14 Wallace, 448. Opinion of the court. evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the...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 generally... | |
 | Law - 1869 - 370 pages
...whether there is literally no evident», hut whether there is any upon whi,-ha Jury can properly 6nd a verdict for the party producing it, upon whom the onus of proof is imposed. A nonsuit may he directed even after the defendant has enU'eetl on his case, and evidence given hy... | |
 | Law - 1883 - 548 pages
...question for the judge, not whether there 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 burden of proof is imposed. Clifford, J., iu Commissioners, etc., v. Clark, 94 US 278, 284; Giblin... | |
 | Law - 1875 - 438 pages
...the judge, not whether there 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 emu* of proof is imposed. The Eugttsh cases there cited fully sustain the proposition (see Jewell v.... | |
 | Law - 1892 - 554 pages
...question for the jndge, 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 producing it." Miller, J., in Improvement Co. v. 3f tmooii, 14 Wall. 442, 448 ; Commissioners v. Clark, 94 US 278,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1871 - 726 pages
...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...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 - Legal maxims - 1874 - 880 pages
...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 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... | |
 | Law - 1921 - 510 pages
...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.... | |
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