A Brief for the Trial of Civil Issues Before a JuryDiossy & Company, 1885 - 201 страница |
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19 Northw 23 Northw absence admission adverse party aff'g affidavit allegation application AUSTIN ABBOTT Bank Barb cause of action common law competent compulsory nonsuit consent counsel cross-examination Daly defendant defendant's demurrer to evidence dence dict direct a verdict discharged discretion document entitled error to allow error to refuse exception further instructions ground held error held no error incompetent evidence instruct the jury Iowa judge judgment juror jury to take Kans Mass matter of right Metropolitan Nat Misjoinder motion N. Y. Central R. R. N. Y. Code Civ Nebr objection Ohio St opinion Otto Penn peremptory challenges plaintiff pleading poll presumption proof proper proved request require rev'g rule sealed verdict Smith special questions special verdict statute Super Supm taken testify testimony Thomp tion Town of Thorp trial unless Weekly Dig Wend Wisc witness
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Страница 110 - ... that in every case, before the evidence is left to the jury, there is 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 onus of proof is imposed.
Страница 104 - That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Страница 124 - ... 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 party producing it, upon whom the burden of proof is imposed.
Страница 75 - When it is necessary to prove the results of voluminous facts, or of the examination of many books and papers, and the examination cannot be conveniently made in court, the results may be proved by the person who made the examination.
Страница 165 - They may also take with them the written instructions given, and notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken- by any other person.
Страница 151 - It is that it appears to me to have been lost sight of that it is a rule of presumption that ordinarily a witness who testifies to an affirmative is to be credited in preference to one who testifies to a negative...
Страница 103 - the mode of proof in the trial of actions at common law shall be by oral testimony and examination of witnesses in open court, except as hereinafter provided," and has then made special provisions for taking depositions.
Страница 91 - Where fraud in the purchase or sale of property is in issue, evidence of other frauds of like character committed by the same parties, at or near the same time, is admissible.
Страница 91 - Wherever the bodily or mental feelings of an individual are material to be proved, the usual expressions of such feelings are original and competent evidence.
Страница 131 - It is the settled law of this court that, when the evidence given at the trial, with all the inferences which the jury could justifiably draw from it, is insufficient to support a verdict for the plaintiff, so that such a verdict, if returned, must be set aside, the court is not bound to submit the case to the jury, but may direct a verdict for the defendant.