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" ... 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 Laws and Jurisprudence of England and America: Being a Series of ... - Página 130
por John Forrest Dillon - 1894 - 431 páginas
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1869 - 972 páginas
...Womfnvell (15) — has established a more (16) 38 Law J. R*p. (NB ) Exch. 8. reasonable rule, viz., that, in every case, before the evidence is left to...is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon -whom the...
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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
...properly find a verdict, as the 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...
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The Canada Law Journal, Volumen5

1869 - 370 páginas
...useful as expressing the practiral differeuee The moderu rule as to nonsuit is that in every ease hefore the evidence is left to the jury there is a preliminary question for the jndge, not whether there is literally no evident», hut whether there is any upon whi,-ha Jury can...
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Albany Law Journal, Volumen11

1875 - 438 páginas
...Improvement Company v. M unson, 14 Wall. 418, recent decisions of high authority have established the rule that in every case, before the evidence is left to...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...
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Albany Law Journal, Volumen44

1892 - 554 páginas
...it to the jury ; but recent decisions of high anthority have established the more reasonable rule, that in 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 there is any upon which a jury can properly...
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Albany Law Journal, Volumen27

1883 - 548 páginas
...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...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...
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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, but whether there is any upon which a jury can properly 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
...to the jury, but that a course of recent decisions has established a more 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 there is literally no evidence, but whether...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1874 - 880 páginas
...(most of which are referred to in Ryder v. Wombwell)1 has established a more reasonable rule, viz., that in every case, before the evidence is left to...is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volumen40

1897 - 642 páginas
...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...
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