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" TERM, may be in every case 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 it, upon whom the burden of proof is... "
Delaware Reports: Containing Cases Decided in the Supreme Court (excepting ... - Halaman 222
oleh David Thomas Marvel, John W. Houston, James Pennewill, Samuel Maxwell Harrington, William Henry Boyce, William Watson Harrington, William J. Storey, Charles L. Terry - 1901
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Albany Law Journal, Volume 27

1883 - 548 halaman
...Unding a verdict in favor of the party introducing such evidence. Ryder v. Wombwell, L. R, 4 Ex. 39. Decided cases may be found where it is held that if...the judge is bound to leave it to the jury; but the decisions have established a more reasonable rule, to wit, that before the evidence is left to the...
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Albany Law Journal, Volume 27

1883 - 552 halaman
...finding a verdict in favor of the party introducing such evidence. Ryder v. Wombwell, L. R, 4 Ex. 39. Decided cases may be found where it is held that if...the judge is bound to leave it to the jury ; but the decisions have established a more reasonable rule, to wit, that before the evidence is left to the...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 10

United States. Supreme Court - 1871 - 730 halaman
...that a course of recent decisions has established a more 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 there is literally no evidence, but whether there...
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The Central Law Journal, Volume 9

1879 - 540 halaman
...would warrant the jury to proceed in finding a verdict in favor of the party introducing such evidence. Decided cases may be found where it is held that,...a scintilla of evidence in support of a case, the j udge is bound to. leave it to thejury, but the modern decis:ons have established a more reasonable...
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Albany Law Journal, Volume 15

1877 - 558 halaman
...a verdict in favor of the party introducing euch evidence. Ryder v. Wombwell, Law Rep., 4 Exoh. 39. Decided cases may be found where it is held that if...the judge is bound to leave it to the jury, but the modem decisions have established a more reasonable rule, to wit: That before the evidence is left to...
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The American Decisions: Containing All the Cases of General Value ..., Volume 24

John Proffatt, Abraham Clark Freeman - 1881 - 840 halaman
...finding a verdict in favor of the party introducing such evidence: fiy;ler v. WomMl, LR, 4 Ex. 39. Decided cases may be found where it is held that if...the evidence is left to the jury, there is or may bo in every case a preliminary question for the judge, not whether there is literally no evidence,...
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The Central Law Journal, Volume 8

1879 - 552 halaman
...Commissioners v. Clark, 94 US 284, following the English rule, it was said a scintilla would not be sufficient; that "before the evidence is left to the jury, there is or may be in every case a preliminiry question for the judge, not whether there is literally no evidence, but whether there is...
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Albany Law Journal, Volume 20

1879 - 582 halaman
...considered as settled beyond dispute: 1. That before tho evidence ¡s left to the jury, thcro is or maybe in every case a preliminary question for the judge; not whether there ¡з literally no evidence, but whether there is any upon which a jury can properly proceed to find...
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The Federal Reporter: Cases Argued and Determined in the ..., Volume 29-30

1887 - 2090 halaman
...would warrant the jury to proceed in finding a verdict in favor of the party addncins such evidence. Decided cases may be found where it is held that,...decisions have established a more reasonable rule, to-wit, that, before the evidence is left to the jury, there is or may be in every case a preliminary...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volume 3

1884 - 1126 halaman
...that a course of recent decisions has established a more 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 there is literally no evidence, but whether there...
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