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" ... 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 producing... "
United States Circuit Courts of Appeals Reports: With Key-number Annotations ... - Página 96
1897
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1869 - 972 páginas
...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,...to find a verdict for the party producing it, upon -whom the onus of proof is imposed. If, therefore, the plaintiffs' evidence in this case was such that...
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Reports of Cases Heard and Determined by the Judicial Committee ..., Volumen5

Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1864 - 604 páginas
...in every l869case, before the evidence is left to the jury, there is a preliminary question for the Judge, not whether there is literally no evidence,...to find a verdict for the party producing it, upon whom the onus of proof is imposed. If, therefore, the Plaintiff's evidence in this case was such that...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volumen22

United States. Supreme Court - 1876 - 696 páginas
...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...to find a verdict for the party producing it, upon whom the onus of proof is imposed. The English cases there cited fully sustain the proposition,* and...
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The Canada Law Journal, Volumen5

1869 - 370 páginas
...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, Volumen44

1892 - 554 páginas
...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, Volumen27

1883 - 552 páginas
...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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Albany Law Journal, Volumen11

1875 - 438 páginas
...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 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, Volumen27

1883 - 548 páginas
...before the evidence is left to the jury, there is or may be in every case a preliminary question for the judge, not whether there is 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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Cases Argued and Adjudged in the Supreme Court of the ..., Volumen10;Volumen77

United States. Supreme Court - 1871 - 726 páginas
...every case, before the evidence is left to the jury, there is or may be a preliminary question for the judge, not whether there is literally no evidence,...to find a verdict for the party 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...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1874 - 880 páginas
...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,...to find a verdict for the party producing it, upon whom the onus of proof is imposed."2 It remains to add, that where the judge misconceives his duty,...
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