 ... 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
 | 1899 - 922 pages
...«very case, before the evidence is left to the jury, there is a preliminary question for the judge, nor whether there is literally no evidence, but whether...which a jury can properly proceed to find a verdict fcr the party producing it, upon whom the onus of proof is imposed; and adds: "The nile should be regarded... | |
 | Herbert Broom - 1900 - 888 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...producing it, upon whom the onus of proof is imposed " (n). But where there is conflicting evidence upon a question of fact, whatever may be the opinion... | |
 | New Mexico. Supreme Court, John Abbott, Paul A. F. Walter - 1900 - 762 pages
...more than a scintilla of evidence. The preliminary question for the court is "not whether there ib literally no evidence, but whether there is any upon...producing it, upon whom the onus of proof is imposed." Coughran v. Bigelow, 164 US 301; Improvement Co. v. Munson, 14 Wall. 442. In Kimberly v. Arms, 129... | |
 | 1895 - 2092 pages
...reasonable rule; to wit, thai before the cause is left to the Jury, there is or may be in every case a preliminary question for the judge, not whether...there is any upon which a jury can properly proceed to lind a verdict for the party producing it, upon whom the burden of prouf is imposed." And in Elliott... | |
 | 1916 - 1096 pages
...wit, that, before the evidence is left to the Jury, there is or may be in every case a prellminary question for the judge, not whether there is literally...there Is any upon which a jury can properly proceed to flnd a verdict for the party producing it, upon whom the burden of proof Is imposed." In Meguire v.... | |
 | 1898 - 1070 pages
...verdict in favor of his opponent if one were rendered. At the close of the evidence there Is always a preliminary question for the Judge, — not whether...is literally no evidence, but whether there is any substantial evidence, upon which the jury can properly render a verdict in favor of the party who produces... | |
 | 1908 - 1052 pages
...iNSTRUCT1ON — EVIDENCE. On a prayer for a peremptory instruction in a federal court, the question is not whether there is literally no evidence, but whether there is any evidence, on which a jury can properly proceed to find a verdict for the party producing it, on whom... | |
 | James Patterson McBaine - 1927 - 1074 pages
...have established a more reasonable rule, that in evencase, 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. The English cases there cited fully sustain the proposition, and the decisions of this court have generally... | |
 | 1882 - 578 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." So, also, in another case, where the trial court, by an instruction, had... | |
 | 1880 - 546 pages
...App. 335. In the latter case, it was said: "In every case before the evidence is left to the jury, there is a preliminary question for the Judge, not...any upon which a Jury can properly proceed to find a verdlpt for the party introducing it upon whom the onus of , roof is Imposed." — Bowdich v. City... | |
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