...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...

...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...

...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...

...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...

...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...

...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...

...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...

...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...

...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...

...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...