 ... 5. 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 [219 NY] Opinion, per CUDDEBACK,...  Reports of Cases Determined in the Supreme Court of the State of Washington - Page 561by Washington (State). Supreme Court, Eugene Genroy Kreider - 1894Full view - About this book
 | 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
...affecting the "ights of the parties thereto, has been violated, to the 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. 5. If there was such proof, whether... | |
 | 1887 - 814 pages
...affecting the rights of the parties thereto, has been violated, to the prejudice of the relator. 4. Whether there was any competent proof of all the facts,...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,... | |
 | 1905 - 1190 pages
...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 the facts...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... | |
 | 1919 - 1082 pages
...involving the merits, to be determined by the court upon the hearing, are the following only: * * * (4) Whether there was any competent proof of all the facts,...determination. (5) If there was such proof, whether thero was, upon all the evidence, such a preponderance of proof, against the existence of any of those... | |
 | 1908 - 1310 pages
...entirely to particular determinations of a board or officer. It speaks of the "parties thereto" and competent proof of all the facts necessary to be proved...order to authorize the making of the determination, and whether there was upon all the evidence such a preponderance of proof "against the existence of... | |
 | 1909 - 1286 pages
...to be proved to authorize the making of the determination, and we are not able to say that there was such a preponderance of proof against the existence of any of those facts that, if the determination was based upon the verdict of a jury affirming the existence thereof, we would... | |
 | 1895 - 1224 pages
...determination, any rule of law affecting the rights of the relator has been violated, to his prejudice, and whether there was any competent proof of all the facts necessary to be proved to authorize the making of the determination, and, if there was such proof, whether there was, upon... | |
 | 1904 - 1262 pages
...provisions of Code Civ. Proc. ยง 2140, It is the duty of the Appellate Division, on certiorari, to determine whether there was any competent proof of all the facts necessary to authorize the decision made, and, if so, whether such a preponderance of proof was against the decision... | |
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