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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 [219 NY] Opinion, per CUDDEBACK,... "
Public Utilities Reports - Page 476
edited by - 1920
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 92

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1883 - 820 pages
...other subjects of consideration that the court should also upon the hearing have power to determine " whether there was upon all the evidence such a preponderance...of any of those facts, that the verdict of a jury Opinion of the Court, per RUQEU, Cli. J. affirming the existence thereof, rendered in an action in...
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New York Criminal Reports: Reports of Cases Decided in All Courts ..., Volume 38

Criminal law - 1922 - 624 pages
...Code. Therefore, we must consider whether there was any competent proof of all the facts necessary to be proved in 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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Rust's New York Code of Civil Procedure 1885

New York (State), Charles David Rust - Civil procedure - 1885 - 814 pages
...prejudice of the relalor. 4. Whether there was any competent proof of all the facts, necessary to tie proved, in order to authorize the making of the determination....such proof, whether there was, upon all the evidence, auch a preponderance of proof, against the existence ot ajy of those facts, that the verdict of a jury,...
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The New York Code of Civil Procedure: As Amended To, and Including 1887 ...

Civil procedure - 1887 - 814 pages
...the prejudice of the relator. 4. Whether there was any competent proof of all the facts, necessary to be proved, in 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 New York Supplement, Volume 92

Law reports, digests, etc - 1905 - 1190 pages
...important here, to be the following: "(4) Whether there was any competent proof of all the facts necessary to be proved, in order to authorize the making of...preponderance of proof, against the existence of any of these facts, that the verdict of a jury, affirming the existence thereof, rendered in an action of...
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The New York Supplement, Volume 33

Law reports, digests, etc - 1895 - 1224 pages
...competent proof of all the facts necessary to be proved to authorize the making of the determination, and, if there was such proof, whether there was, upon all...a preponderance of proof against the existence of the fact alleged against the relator as constituting malfeasance or misfeasance, or both, as that a...
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The New York Supplement, Volume 172

Law reports, digests, etc - 1919 - 1082 pages
...are the following only: * * * (4) Whether there was any competent proof of all the facts, necessary to be proved, In order to authorize the making of...determination. (5) If there was such proof, whether thero was, upon all the evidence, such a preponderance of proof, against the existence of any of those...
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The New York Supplement, Volume 112

Law reports, digests, etc - 1909 - 1286 pages
...to be proved to authorize the making of the determination, and we are not able to say that there was such a preponderance of proof against the existence of any of those facts that, if the determination was based upon the verdict of a jury affirming the existence thereof, we would...
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The New York Supplement, Volume 87

Law reports, digests, etc - 1904 - 1262 pages
...among which is a determination of whether there was any competent proof of all the facts necessary to be proved in order to authorize the making of the determination, and, if so, whether there was "upon all the evidence such a preponderance of proof against the existence...
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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
...the prejudice of the relator. 4. Whether there was any competent proof of all the facts, necessary to be proved, in 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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