 | Law reports, digests, etc - 1869 - 972 pages
...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,...to find a verdict for the party producing it, upon -whom the onus of proof is imposed. If, therefore, the plaintiffs' evidence in this case was such that... | |
 | Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - Law reports, digests, etc - 1864 - 604 pages
...in every l869case, before the evidence is left to the jury, there is a preliminary question for the Judge, not whether there is literally no evidence,...to find a verdict for the party producing it, upon whom the onus of proof is imposed. If, therefore, the Plaintiff's evidence in this case was such that... | |
 | United States. Supreme Court - Law reports, digests, etc - 1876 - 696 pages
...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...to find a verdict for the party producing it, upon whom the onus of proof is imposed. The English cases there cited fully sustain the proposition,* and... | |
 | Law - 1869 - 370 pages
...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... | |
 | Law - 1892 - 554 pages
...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,... | |
 | 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,...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,... | |
 | Law - 1875 - 438 pages
...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 cau properly proceed to find a verdict for the party producing it, upon whom the emu* of proof is imposed.... | |
 | Law - 1883 - 548 pages
...before the evidence is left to the jury, there is or may be in every case a preliminary 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... | |
 | United States. Supreme Court - Law reports, digests, etc - 1871 - 726 pages
...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,...to find a verdict for the party 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... | |
 | Herbert Broom - Legal maxims - 1874 - 880 pages
...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,...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,... | |
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... 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... 
