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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... "
The Supreme Court Reporter - Page 119
1897
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1869
...(NB ) Exch. 8. reasonable rule, viz., 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. If, therefore, the plaintiffs' evidence in this case was such that the Judge ought to have considered...
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Reports of Cases Heard and Determined by the Judicial Committee ..., Volume 5

Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1864
...Judge ought to have directed a nonsuit ; and, as 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...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 22

United States. Supreme Court - 1876
...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...producing it, upon whom the onus of proof is imposed. The English cases there cited fully sustain the proposition,* and the decisions of this court have...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 22

United States. Supreme Court - 1876
...up by plaintiff. And in Schuchardt v. Aliens^ this case is referred to as establishing the doctrine that if the evidence be not sufficient to warrant a recovery, it is the duty of the court to instruct the jury accordingly. In the case of Pawling v. The United Statcs, the court, by Marshall,...
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The Canada Law Journal, Volume 5

1869
...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...
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Albany Law Journal, Volume 44

1892
...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,...
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Albany Law Journal, Volume 11

1875
...high authority have established the rule that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not...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....
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Albany Law Journal, Volume 27

1883
...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...
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Albany Law Journal, Volume 27

1883
...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,...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 10

United States. Supreme Court - 1871
...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...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 that the ruling was correct,...
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