 | 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...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. If,... | |
 | 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 can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed. The English... | |
 | 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...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
...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...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... | |
 | 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 - 552 pages
...evidence is left to the jury, there Is or may be in every case a preliminary question for the judge, uot 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 burden of proof is imposed. Clifford,... | |
 | 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...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... | |
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... 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... 
