 ... 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 1191897Full view - About this book
 | United States. Supreme Court - 1897 - 790 pages
...has long been the doctrine of this court that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not...to warrant a recovery, it is the duty of the court to instruct the jury accordingly, and, if the jury disregard such instruction, to set aside the verdict.... | |
 | 1897 - 1158 pages
...In Improvement Co. v. Munsou, 14 Wall. 448: "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." And In Pleasants v. Fant, 22 Wall. 116, the rule was stated by Mr. Justice Miller as follows: "If the court... | |
 | 1884 - 1126 pages
...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. Jewell v. Parr, 13 С. В., 909; Toomey v. L. it B. Kail way Company, 3 id., XS, 156; Wheelton v. Hardisty,... | |
 | Herbert Broom, Herbert Francis Manisty, Charles Francis Cagney - 1884 - 1078 pages
...established a more reasonable rule, viz., 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 eyidence but whether there is any upon which a jury can properly proceed to find a verdict for the... | |
 | John Mews - 1884 - 1048 pages
...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... | |
 | United States. Supreme Court - 1885 - 848 pages
...Improvement Co. v. Munson, 14 Wall. 442, 448, 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." Those cases were cited in Herbert v. Butler, 97 TJ. S. 319, 320, and this court there said, by Mr.... | |
 | 1885 - 1232 pages
...Improvement Co. v. Munson, 14 Wall. 448, 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." Those cases were cited in Herbert v. Butler, 97 US 319, 820, and this court there said, by Mr. Justice... | |
 | Austin Abbott - 1885 - 218 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...verdict for the party producing it, upon whom the burden of proof is imposed.'' Baby vs. Cell, 85 Penn. St., 80 (where it is said that the rule that... | |
 | Horace Gay Wood - 1885 - 804 pages
...the 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 lind a verdict for the party producing it, upon whom the burden of proof is imposed. Cotton v. Wood,... | |
 | 1890 - 1166 pages
...evidence does not admit of conflicting inferences relating to the point in question. Moreover, the rule is "not whether there is literally no evidence, but whether there is any upon which a jury can properiy proceed to find a verdict for the party producing it, upon whom the onus of proof rests."... | |
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