 ... 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 Supreme Court Reporter - Página 1191897Vista completa - Acerca de este libro
 | 1879 - 582 páginas
...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... | |
 | William Pugsley - 1879 - 814 páginas
...scintilla of. evidence, but that the true rule is 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... | |
 | 1905 - 1104 páginas
...established a more reasonable rule — that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not...producing it, upon whom the onus of proof is imposed." As is also the language of Mr. Justice Miller in Pleasants v. Fant, 22 Wall. 120, 22 L. Ed. 780, another... | |
 | 1887 - 2090 páginas
...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. Mr. Justice GRIEP. announced in Parks v. Ross, 11 How. 373, the following... | |
 | 1902 - 2074 páginas
...the United States 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 there is literally no evidence, lint whether there is any upon which a jury can properly proceed to find a verdict for the party producing... | |
 | United States. Circuit Court (1st Circuit), William Henry Clifford - 1880 - 728 páginas
...show the rule to be that there is, or may be, in every case, before the question is left to the jury, a preliminary question for the judge, not whether there is literally no evidence to support the issue, but whether there is any upon which the jury can properly proceed to find a verdict... | |
 | Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1882 - 774 páginas
...of Ryder v. Wombwell, LR 4 Ex. 32, that in every case, before the the evidence is left to the jury, there is a preliminary question for the Judge, not...producing it, upon whom the onus of proof is imposed. Now, we must bear in mind the familiar principle of evidence under which a fact is established against... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1883 - 796 páginas
...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." So, also, in another case, where the trial court, by an instruction, had... | |
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