 | 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...the party 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... | |
 | Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1864 - 604 páginas
...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 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...the party producing it, upon whom the onus of proof is imposed. The English cases there cited fully sustain the proposition,* and the decisions of this... | |
 | 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... | |
 | 1883 - 552 páginas
...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 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,... | |
 | 1883 - 548 páginas
...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 páginas
...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 páginas
...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...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 that the ruling... | |
 | 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...the 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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Formerly it was held that, if there was what was called a "scintilla of evidence" in support of a case, the judge was bound to leave it to the jury; but recent decisions of high authority have established a more reasonable rule, — that in every case,... 
