| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| John Mews - 1884 - 1048 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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