 That before the evidence is left to the jury, there is, or 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...  The American and English Encyclopedia of Law - Page 244edited by - 1890Full view - About this book
 | 1883 - 548 pages
...introducing such evidence. Ryder v. Wombwell, L. R, 4 Ex. 39. Decided cases may be found where it is held that if there is a scintilla of evidence in support...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... | |
 | 1883 - 552 pages
...introducing such evidence. Ryder v. Wombwell, L. R, 4 Ex. 39. Decided cases may be found where it is held that if there is a scintilla of evidence in support...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... | |
 | United States. Supreme Court - 1871 - 730 pages
...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... | |
 | 1879 - 540 pages
...verdict in favor of the party introducing such evidence. Decided cases may be found where it is held that, if there is 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... | |
 | 1877 - 558 pages
...euch evidence. Ryder v. Wombwell, Law Rep., 4 Exoh. 39. Decided cases may be found where it is held that if there is a scintilla of evidence in support...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... | |
 | John Proffatt, Abraham Clark Freeman - 1881 - 840 pages
...introducing such evidence: fiy;ler v. WomMl, LR, 4 Ex. 39. Decided cases may be found where it is held that if there is a scintilla of evidence in support...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,... | |
 | 1879 - 552 pages
...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... | |
 | 1879 - 582 pages
...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... | |
 | 1887 - 2090 pages
...a verdict in favor of the party addncins such evidence. Decided cases may be found where it is held that, if there is a scintilla of evidence in support...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... | |
 | 1902 - 2074 pages
...court to direct a verdict for the defendant? We are told by the supreme court of the United States that : "Before the evidence is left to the jury, there-...preliminary question for the judge, not whether there is literally no evidence, lint whether there is any upon which a jury can properly proceed to find... | |
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