 | Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1864 - 604 lehte
...properly find a verdict, as the Judge ought to have directed a nonsuit ; and, as in every case before evidence is left to the jury, there is a preliminary...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... | |
 | 1869 - 370 lehte
...useful as expressing the practiral differeuee The moderu rule as to nonsuit is that in every ease hefore the evidence is left to the jury there is a preliminary question for the jndge, not whether there is literally no evident», hut whether there is any upon whi,-ha Jury can... | |
 | 1897 - 1206 lehte
...if the evidence is such as not to warrant a verdict for a party, to direct the jury accordingly, and that in every case, before the evidence is left to the jury, there is a preliminary question to be decided by the judge whether there is any evidence produced by the party upon whom the onus of... | |
 | United States. Supreme Court - 1871 - 730 lehte
...to the jury, but 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... | |
 | United States. Supreme Court - 1876 - 696 lehte
...Improvement Company v. Munson* recent decisions of high authority have established a more reasonable rule, that in every case, before the evidence is left to...question for the judge, not whether there is literally no Opinion of the court. evidence, but whether there is any upon which a jury can properly proceed to... | |
 | New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1878 - 638 lehte
...negligence or contributory negligence, has or has not been sufficiently proven. For the rule is well settled that in every case, before the evidence is left to the jury, there is or may be a preliminary question for the court, not whether there is literally no evidence, but whether... | |
 | William Pugsley - 1879 - 814 lehte
...jury because there is a scintilla of. evidence, but that the true rule is that in every case before evidence is left to the jury, there is a preliminary...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... | |
 | William A. Shinn - 1879 - 580 lehte
...points in one direction. " Before the evidence is left to the jury, there is, or may be, in every case, a preliminary question for the judge, not whether...is literally no evidence, but whether there is any on which a jury can properly proceed to find a verdict for the party producing it, upon whom the burden... | |
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Formerly it was held that if there was what is 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, before... 
