 | Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1838 - 1096 sidor
...co-trespassers ; but this ground, if true in fact, would by itself have been wholly insufficient to warrant it. The application to a judge, in the course of a cause,...arise before the whole evidence in the cause closes. There is so palpable a failure of justice, when the evidence for the defence discloses a case against... | |
 | Graham Willmore, Frederick Luard Wollaston, Henry Davison - 1839 - 810 sidor
...an affidavit of merits, the Court allowed a new trial on payment of costs. Bland v. Warren, 445. 18. The application to a judge in the course of a cause...arise before the whole evidence in the cause closes. Swell v. Champion and othert, 667. ' VI. Changing the Attorney. 19. A defendant, sued as the director... | |
 | Great Britain. Court of King's Bench, Sandford Nevile - 1839 - 762 sidor
...co-trespassers ; but this ground, if true in fact, would by itself have been wholly insufficient to warrant it. The application to a judge, in the course of a cause,...regulated not merely by the fact that at the close of the plaintiff.s case no evidence appears to affect them, but by the probabilities whether any such will... | |
 | John Pitt Taylor - 1848 - 756 sidor
...judgment of the Court, thus lays down the law : " The application to a judge, in the course of a caitse, to direct a verdict for one or more of several defendants...arise before the whole evidence in the cause closes. There is so palpable a failure of justice, when the evidence for the defence discloses a case against... | |
 | Alexander Ralston Tiffany - 1859 - 656 sidor
...determined to adopt a different practice. — 6 Ad. & Ell., (NS) 487. The application to the court in the course of a cause, to direct a verdict for one or more of several defendants is strictly in its discretion ; and that discretion is to be regulated, not merely by the fact that... | |
 | Simon Greenleaf - 1866 - 756 sidor
...the case on the part of the other defendants, was formerly uncertain ; but it is now settled, that the application to a judge, in the course of a cause,...plaintiff's case, no evidence appears to affect them, against the other. Thorpe v. Barber, 5 1 2 Tidd's Pr. 895; Briggs v. GreenII. G. & Sc. 676; 17 Law... | |
 | Great Britain. Courts - 1869 - 720 sidor
...trespass, is strictly to hia discretion j and thnt discretion is to be regulated r:t merely by ti)« fact that at the close of the plaintiff's case no evidence appears to affect them, but by the }:n>babilitics whether any such will arise before the whole evidence in the cause closes. There is... | |
 | Thomas Whitney Waterman - 1875 - 756 sidor
...the verdict was set aside as not conforming to the issue (Kilbourn v. Waterous, Kirby, 424). § 125. The application to a judge in the course of a cause...will arise before the whole evidence in the cause closes.1 But it will be error in the court to instruct the jury, on the motion of the plaintiff, to... | |
 | United States. Supreme Court, Samuel Freeman Miller - 1875 - 764 sidor
...the law. But Lord Castle v. Bullard. Denman held, in Sowoll v. Champion, 6 Ad. and Ellis, 415, that the application to a judge in the course of a cause, to direct a verdict for one or more defendants in trespass, is addressed to his discretion, and that the discretion was to be regulated,... | |
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The application to a judge, in the course of a cause, to direct a verdict for one or more of several defendants in trespass is strictly to his discretion ; and that discretion is to be regulated, not merely by the fact that at the close of the plaintiff's... 
