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" Court, who may set aside its verdict and submit the question to the decision of another jury ; but there is in every case a preliminary question, which is one of law, viz., whether there is any evidence on which the jury could properly find the question... "
A Preliminary Treatise on Evidence at the Common Law - Página 359
por James Bradley Thayer - 1898 - 636 páginas
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The Law Reports. Court of Exchequer: From Michaelmas Term, 1865 ..., Volume 4

Great Britain. Court of Exchequer - 1869 - 444 páginas
...not merely in those arising on a plea of infancy, a preliminary question which is one of law, viz., whether there is any evidence on which the jury could...and direct a nonsuit if the onus is on the plaintiff (1) G M. & W. at p. 46. or direct a verdict for the plaintiff if the onus is on the defendant. 1868...
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Albany Law Journal, Volume 1

1870 - 546 páginas
...all such cases is one of mixed law and fact, the preliminary question being (as in all other oases), whether there is any evidence on which the jury could properly find for the party on whom the onus of proof lies. The judge (who must be supposed to know as well as a...
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Albany Law Journal, Volume 1

1870 - 546 páginas
...all such cases is one of mixed law and fact, the preliminary question being (as in all other cases), saw the defendant accept It ; and six others swore they beard him s for the party on whom the onus of proof lies. The judge (who must be supposed to know as well us a...
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The Law of Contracts

John William Smith - 1878 - 596 páginas
...the jury by the judge unless there is evidence on which they can reasonably find in the affirmative. If there is not, the judge ought to withdraw the question from the jury. (a) It is impossible, however, to understand this subject practically, so as to be able to say with...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volume 6

1879 - 632 páginas
...decision of another jury ; but there is in every case a preliminary question, which is one of law, viz. : Whether there is any evidence on which the jury could properly find the verdict for the party on whom the onus of proof lies ? If there is not, the Judge ought to withdraw...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volume 24

Nathaniel Cleveland Moak - 1880 - 914 páginas
...decision of another jury ; but there is in every case a preliminary question, which is one of law, viz., whether there is any evidence on which the jury could properly find the verdict for the party on whom the onus of proof lies. If there is not, the judge ought to withdraw...
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Reports of Cases Decided in the Supreme Court of New Brunswick: From Hilary ...

New Brunswick. Supreme Court - 1882 - 752 páginas
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Carriers' Law: Relating to Goods and Passenger Traffic on Railways, Canals ...

Edmund B. Ivatts - 1883 - 1168 páginas
...every case a preliminary question, which is one of law, viz., whether there is any evidence on which a Jury could properly find the question for the party...Jury, and direct a non-suit if the onus is on the Plaintifi, or a verdict for Plaintiff if the onus is on the Defendant. So far, the onus in this case...
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A Digest of the Reported Decisions of the Courts of Common Law ..., Volume 5

John Mews - 1884 - 1046 páginas
...all such cases is one of mixed law and fact, the preliminary question being (as in all other cases) whether there is any evidence on which the jury could properly find for the party on whom the onus of proof lies. The judge (who must be supposed to know as well as a...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1886 - 718 páginas
...state of facts there is any evidence on which the jury could properly n'mi the question in favor of the party on whom the onus of proof lies. If there...the judge ought to withdraw the question from the consideration of the jury. In an action of this nature the judge must say whether, upon the whole facts...
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