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" If the case had been submitted to the jury upon the testimony introduced, and a verdict had been returned for the plaintiff, it would have been the duty of the court to set it aside for want of any evidence to warrant it. "
Weekly Notes of Cases Argued and Determined in the Supreme Court of ... - Página 53
1883
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1872
...proving malice, which he has failed to do. If the case had been left to the jury, and they had found for the plaintiff, it would have been the duty of the Court to set aside that verdict. In this judgment my brothers Byles and Brett concur. We are of opinion that the...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volumen65

Massachusetts. Supreme Judicial Court - 1864
...be held liable, and if the case had been submitted to the jury on this point, and a verdict returned for the plaintiff, it would have been the duty of the court to set it aside. Harrison v. Fane, ubi supra. The ruling of the court in giving the opening and close to the defendant...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volumen3

Nathaniel Cleveland Moak - 1877
...proving malice, which he has failed to do. If the case has been left to the jury, and they had found for the plaintiff, it would have been the duty of the Court to set aside that verdict. In this judgment my brother Byles and Brett concur. "We are of opinion that the...
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The Federal Reporter, Volumen122

1908
...stated, the trial court was warranted in directing a verdict for the defendant. Had the jury returned a verdict for the plaintiff, it would have been the duty of the court to set it aside and award a new trial. In such cases the court may direct a verdict in accordance with the requirements...
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The Federal Reporter: Cases Argued and Determined in the ..., Volúmenes17-18

1883
...INSTRUCTION TO FIND FOK DEFENDANT. Where, if the case had been left to the jury and a verdict had been found for the plaintiff, it would have been the duty of the court to set it aside as contrary to the evidence, it was correct to instruct them to find for the defendant. At Law. Armstrong...
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United States Reports: Cases Adjudged in the Supreme Court, Volumen134

United States. Supreme Court - 1890
...case had been submitted to the jury upon the testimony introduced, and a verdict had been returned for the plaintiff, it would have been the duty of the court to set it aside for want of any evidence to warrant it. Under such circumstances, it is well settled that the court...
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United States Reports: ... and Rules Announced at ...

United States. Supreme Court - 1890
...case had been submitted to the jury upon the testimony introduced, and a verdict had been returned for the plaintiff, it would have been the duty of the court to set it aside for want of any evidence to warrant it. Under such circumstances, it is well settled that the court...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volumen74

New York (State). Supreme Court. Appellate Division - 1902
...afforded by its probate, and had the matter been submitted to the jury and a verdict rendered in favor of the plaintiff it would have been the duty of the court to set it aside as against evidence. In addition to this, we think the evidence affirmatively established not only...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volumen154

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan - 1898
...that he understood that he had been discharged, and had the jury .given a verdict upon such evidence for the plaintiff, it would have been the duty of the court to set it aside, as being quite without support. There was no question about the power to dismiss the inspector for...
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Estee's Pleadings, Practice, and Forms: Adapted to Actions and ..., Volumen3

Morris March Estee - 1898
...own behalf, when the entire evidence is such that if the motion had been denied and a verdict found for the plaintiff, it would have been the duty of the court to set the verdict aside as not supported by the evidence.181 The right to take a nonsuit remains with the...
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