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" If there was such proof, whether there was, upon all the evidence, such a preponderance of proof, against the existence of any of those facts, that the verdict of a jury, affirming the existence thereof, rendered in an action in the supreme court, triable... "
The New York Supplement - Page 9
1920
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Laws of the State of New York, Volume 2

New York (State) - 1880 - 832 pages
...of the parties thereto, has been violated, to the prejudice of the relator. 4. Whether there was any competent proof of all the facts, necessary to be...order to authorize the making of the determination. 5. If there was such proof, whether there was, upon all the evidence, such a preponderance of proof,...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 pages
...of the parties thereto, haa been violated, to the prejudice of the relator. 4. Whether there was any competent proof of all the facts, necessary to be...order to authorize the making of the determination. 5. If there was such proof, whether there was, upon all the evidence, such a preponderance of proof,...
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New York Criminal Reports: Reports of Cases Decided in All Courts ..., Volume 38

1922 - 624 pages
...of Civil Procedure, by section 2148 of that Code. Therefore, we must consider whether there was any competent proof of all the facts necessary to be proved...order to authorize the making of the determination, and if there was such proof, whether there was upon all the evidence such a preponderance of proof...
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The New York Code of Civil Procedure: As Amended To, and Including 1887 ...

1887 - 814 pages
...of the parties thereto, has been violated, to the prejudice of the relator. 4. Whether there was any competent proof of all the facts, necessary to be...order to authorize the making of the determination. 6. If there was such proof, whether there was, upon all the evidence, euch a preponderance of proof,...
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The Practice in Special Proceedings in the Courts of Record of the State of ...

James Newton Fiero - 1887 - 772 pages
...of the parties thereto has been violated, to the prejudice of the relator. 4. Whether there was any competent proof of all the facts necessary to be proved,...order to authorize the making of the determination. 5. If there was such proof, whether there was, upon all the evidence, such a preponderance of proof...
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The New York Code of Civil Procedure, as Amended To, and Including, 1889 ...

New York (State), Charles David Rust - 1889 - 864 pages
...of the parties thereto, has been violated, to the prejudice of the relator. 4. Whether there was any competent proof of all the facts, necessary to be...order to authorize the making of the determination. 6. If there was such proof, whether there was, upon all the evidence, euch a preponderance of proof,...
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Reports of Cases, Volume 119

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1890 - 810 pages
...McALKEK r. FRENCH eta\. [Mar., Opinion of the Court, per EABL, J. Court may inquire whether there was any competent proof of all the facts necessary to be proved...order to authorize the making of the determination ; and if there was such proof, whether there was " upon all the evidence such a preponderance of proof...
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A Treatise on the Legal Remedies of Mandamus and Prohibition, Habeas Corpus ...

Horace Gay Wood - 1891 - 346 pages
...of the parties thereto, has been violated, to the prejudice of the relator. 4. Whether there was any competent proof of all the facts, necessary to be...order to authorize the making of the determination. 5. If there was such proof, whether there was, upon all the evidence, such a preponderance of proof,...
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Parson's Complete Annotated Pocket Code: The New York Code of Civil ...

New York (State) - 1891 - 1554 pages
...of the parties thereto, has been violated, to the prejudice of the relator. 4. Whether there was any competent proof of all the facts, necessary to be...order to authorize the making of the determination. 5. If there was such proof, whether there was, upon all the evidence, such a preponderance of proof,...
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Political Science Quarterly, Volume 6

1891 - 828 pages
...of proceedings and errors of law, the court may decide whether there was any competent proof of all facts necessary to be proved in order to authorize the making of the determination ; and, if there was such proof, whether there is upon all the evidence such a preponderance of proof...
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