 | 1869 - 972 Seiten
...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...producing it, upon -whom the onus of proof is imposed. If, therefore, the plaintiffs' evidence in this case was such that the Judge ought to have considered... | |
 | Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1864 - 604 Seiten
...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 for the party producing it, upon whom the onut of proof is imposed. Plaintiff himself contributed to the loss of the Debentures. The Court, however,... | |
 | United States. Supreme Court - 1876 - 696 Seiten
...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...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... | |
 | 1869 - 370 Seiten
...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... | |
 | 1883 - 552 Seiten
...evidence is left to the jury, there Is or may be in every case a preliminary question for the judge, uot whether there is literally no evidence, but whether...verdict for the party producing it, upon whom the burden of proof is imposed. Clifford, J., iu Commissioners, etc., v. Clark, 94 U. 8. 278, 284; Glblin... | |
 | 1892 - 554 Seiten
...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,... | |
 | 1883 - 548 Seiten
...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 is imposed. Clifford, J., iu Commissioners, etc., v. Clark, 94 US 278, 284; Giblin... | |
 | 1875 - 438 Seiten
...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. The Eugttsh cases there cited fully sustain the proposition (see Jewell v.... | |
 | United States. Supreme Court - 1871 - 726 Seiten
...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...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 that the ruling was correct,... | |
 | Herbert Broom - 1874 - 880 Seiten
...(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...party producing it, upon whom the onus of proof is imposed."2 It remains to add, that where the judge misconceives his duty, and presents the question... | |
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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... 
