 | Ontario. High Court of Justice - 1886 - 850 páginas
...any evidence on which the jury could properly find the question for the party on whom the onus oi' proof lies. If there is not, the Judge ought to withdraw...question from the jury and direct a nonsuit if the onusis on the plaintiff or direct a verdict for the plaintiff if the onus is on the defendant. It was... | |
 | Ontario. High Court of Justice - 1886 - 850 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...properly find the question for the party on whom the onus 01 proof lies. If there is not, the Judge ought to withdraw the question from the jury and direct a... | |
 | John Pitt Taylor - 1887 - 978 páginas
...must, at the close of each case, determine whether any evidence has been given on which the jury can properly find the question for the party on whom the onus of proof lies; and if no such evidence exists, he ought to withdraw the question from the consideration of the jury,... | |
 | 1887 - 764 páginas
...when asked to do so, before submitting the case to the jury, as preliminary question of law, to decide whether there is any evidence on which the jury could properly find a verdict for the party on whom the onus of proof lies ; and, if there is not, he ought to withdraw... | |
 | Abraham Clark Freeman - 1889 - 1012 páginas
...JUDGE, WHEN REQUESTED, BEFORE SUBMISSION o» CASE TO JURY, to decide, as a preliminary question of law, whether there is any evidence on which the jury could properly find a verdict for the party on whom the burden of proof lies, and if there ia not, he onght to withdraw... | |
 | 1892 - 1284 páginas
...doctrine In England on this question is well stated in tbe following language: "But there is In e very case a preliminary question, which is one of law,...evidence on which the jury could properly find the verdict for the party on whom the unit* of proof lies. If there is not, the judge ought to withdraw... | |
 | Iowa. Supreme Court - 1894 - 890 páginas
...the Union. The doctrine in England on this question is well stated in the following language: "But there is in every case a preliminary question, which...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... | |
 | Thomas Beven - 1895 - 1072 páginas
...decision of another jury ; but there is in every case, not merely on those arising on a plea of infancy, a preliminary question which is one of law, namely,...properly find the question for the party on whom the oaus of proof lies. If there is not, the judge ought to withdraw the question from the jury, and direct... | |
 | John Pitt Taylor - 1895 - 894 páginas
...the close of each case, determine whether any evidence has been given on which the jury can property find the question for the party on whom the onus of proof lies; and if no such evidence exists, he ought to withdraw the question from the consideration of the jury,... | |
 | John Frederic Clerk, William Harry Barber Lindsell, Thomas Hollis Walker - 1896 - 824 páginas
...Gordon, 1217. 440 judge ought only to withdraw the case from the jury in the event of there being no evidence " on which the jury could properly find the...question for the party on whom the onus of proof lies," yet the expression "the party on whom the onus of proof lies" means "not the party on whom it lay at... | |
| |
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... 
