 If there was such proof, whether there was, upon all the evidence, such a preponderance of proof, against the existence of any of those facts, that the verdict of a jury, affirming the existence thereof, rendered in an action, in the supreme court, triable...  The New York Code of Civil Procedure, Containing All Amendments to July 1 ... - Page 201by New York (State) - 1895 - 1471 pagesFull view - About this book
 | New York (State) - 1880 - 832 pages
...Whether, in making the determination, any rule of law, affecting the rights of the parties thereto, has been violated, to the prejudice of the relator. 4....affirming the existence thereof, rendered in an action in the supreme court, triable by a jury, would be set aside by the court, as against the weight of evidence.... | |
 | New York (State) - 1881 - 1532 pages
...Whether, in making the determination, any rule of law, affecting the rights of the parties thereto, haa been violated, to the prejudice of the relator. 4....affirming the existence thereof, rendered in an action in the supreme court, triable by a jury, would be set aside by the court, as against the weight of evidence.... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1883 - 820 pages
...other subjects of consideration that the court should also upon the hearing have power to determine " whether there was upon all the evidence such a preponderance...of any of those facts, that the verdict of a jury Opinion of the Court, per RUQEU, Cli. J. affirming the existence thereof, rendered in an action in... | |
 | 1922 - 624 pages
...chapter 16 of the Code of Civil Procedure, by section 2148 of that Code. Therefore, we must consider whether there was any competent proof of all the facts...order to authorize the making of the determination, and if there was such proof, whether there was upon all the evidence such a preponderance of proof... | |
 | New York (State), Charles David Rust - 1885 - 814 pages
...prejudice of the relalor. 4. Whether there was any competent proof of all the facts, necessary to tie proved, in order to authorize the making of the determination....such proof, whether there was, upon all the evidence, auch a preponderance of proof, against the existence ot ajy of those facts, that the verdict of a jury,... | |
 | James Newton Fiero - 1887 - 772 pages
...Whether, in making the determination, any rule of law affecting the rights of the parties thereto has been violated, to the prejudice of the relator. 4....affirming the existence thereof, rendered in an action in the Supreme Court, triable by a jury, would be set aside by the court as against the weight of evidence.... | |
 | 1887 - 814 pages
...Whether, in making the determination, any rule of law, affecting the rights of the parties thereto, has been violated, to the prejudice of the relator. 4....order to authorize the making of the determination. 6. If there was such proof, whether there was, upon all the evidence, euch a preponderance of proof,... | |
 | 1920 - 1160 pages
...Whether, in making the determination, any rule of law, affecting the rights of the parties thereto, has been violated, to the prejudice of the relator. "4....affirming the existence thereof, rendered in an action in the Supreme Court, triable by a jury, would be set aside by the court, as against the weight of evidence."... | |
 | 1905 - 1190 pages
...determined upon a review by a writ of certiorari are stated, so far as important here, to be the following: "(4) Whether there was any competent proof of all...preponderance of proof, against the existence of any of these facts, that the verdict of a jury, affirming the existence thereof, rendered in an action of... | |
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