 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 91920Full view - About this book
 | New York (State) - Law - 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,... | |
 | 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,... | |
 | Criminal law - 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... | |
 | Civil procedure - 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,... | |
 | James Newton Fiero - Civil procedure - 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... | |
 | 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,... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - Law reports, digests, etc - 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... | |
 | Horace Gay Wood - Extraordinary remedies - 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,... | |
 | New York (State) - Civil procedure - 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,... | |
 | Electronic journals - 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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