...whether there is literally any evidence, but whether there is any evidence upon which a jury can properly find a verdict for the party producing it, upon whom the onus of proof is imposed (/). So the suppression of evidence, such as a will, by an adverse holder will warrant the jury in...

...have established a more reasonable rule, that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not...the party producing it, upon whom the onus of proof rests." To the same effect are Pleasants v. Fant, 22 Wall. 120 ; Commissioners, etc., v. Clark, 94...

...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." Paine v. Railway, 58 NH 611, 614. "We do not mean to say that a mere scintilla...

...court that in every case, before the evidence is left to the jury, there is a preliminary inestion for the judge, not whether there is literally no evidence,...there is any upon which a jury can properly proceed to rind a verdict for the party producing it upon whom the onus of proof is Imposed, and that, if the...

...sufficiency of the evidence is a preliminary question for the court; not whether there is literally any evidence, but whether there is any upon which a jury...proceed to find a verdict for the party producing it, and upon whom the burden of proof is imposed. Com. of Marion Co. v. Clark, 94 USSC 278 ; Hickman v....

...question is answered affirmatively by the presiding Judge : "Is there any evidence upon which a jury may properly proceed to find a verdict for the party producing It, upon whom the onus of proof is imposed?" When, however, the defendant failed to meet the plaintiff's case, a further determination was and is...

...both in England and in this country, there is a preliminary question, in all cases, for the court, not whether there is literally no evidence, "but whether there is any that ought reasonably to satisfy the jury that the fact sought to be found is established. If there...

...have established a more reasonable rule that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not...the party producing it, upon whom the onus of proof rests. To the same effect are Pleasants vs. Fant, 22 Wall, 120; Commissioners etc. vs. Clark, 94 US,...

...authorize and sustain a verdict, but it seems to be now settled law that the question for the judge "is, not whether there is literally no evidence, but whether there is any that ought reasonably to satisfy the jury that the fact sought to be proved is established." [5] Upon...

...Keller v. NY Central R. Co., 2 Id. 480). " 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 '' (Pleasants v. Fant, 22 Wall. 1 1 6, 120, and cases cited); SP Beaulieu v. Portland Co., 48 Maine,...