 ... a preponderance of evidence against the determination of the commissioners, then it has the same jurisdiction to reverse the determination that it has to set aside the verdict of a jury as against the weight of evidence.  Reports of Cases - Page 508by New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1890Full view - About this book
 | Law reports, digests, etc - 1904 - 1262 pages
...the guilt of the accused officer, but it must look into the evidence, and, if it finds that there is a preponderance of evidence against the determination...verdict of a Jury as against the weight of evidence." If we find 'On examination that there was before the commissioner such a preponderance of evidence... | |
 | Law reports, digests, etc - 1890 - 1110 pages
...competent proof, or when there maybe such a preponderance of proof as will justify an order setting aside the verdict of a jury as against the weight of evidence. Neither of these conditions is presented by the proof which was taken before the commissioners, and,... | |
 | Law reports, digests, etc - 1891 - 1102 pages
...determination of the commissioners, it has the same jurisdiction to reverse the determination that it now has to set aside the verdict of a jury as against the weight of evidence. An examination of the record in this case shows a preponderance of proof in favor of the statement... | |
 | David Belden - California - 1891 - 488 pages
...convincing, this verdict must be set aside. That it is not merely the right but the duty of the trial Court to set aside the verdict of a jury as against the weight of evidence, has been too often asserted in the Courts of this andeverv other State to require either argument or... | |
 | Law reports, digests, etc - 1896 - 1252 pages
...latter class of cases the court, upon certiorari, must look into the evidence, and if it finds there is a preponderance of evidence against the determination...determination that it has to set aside the verdict of the jury as against the weight of evidence, and also to reverse if manifest error in law has beeu committed... | |
 | New York (N.Y.), Mark Ash - NYC - 1897 - 1420 pages
...the guilt of the accused officer, but it may look into the evidence, and if it linds that there is a preponderance of evidence against the determination...Supreme Court by certiorari, not only upon the law. out upon the evidence, to the extent specified, and every party who seeks such a review, is entitled... | |
 | Thomas McIntyre Cooley, Victor Hugo Lane - Constitutional law - 1903 - 1172 pages
...drawn from such facts. Shobert v. May, — Oreg. — , 60 Pac. 406, 65 LRA 810. The power of a court to set aside the verdict of a jury as against the weight of evidence is not in conflict with the constitutional right to trial by jury. Hintz v. Mich. Cent. Ry. Co., —... | |
 | Law reports, digests, etc - 1904 - 1260 pages
...the guilt of the accused officer, hut it must look into the evidence, aud, if it finds that there is a preponderance of evidence against the determination of the commissioners, then it 1ms the same jurisdiction to reverse the determination that it has to set aside the verdict of a jury... | |
 | Ernst Freund - Administrative law - 1911 - 716 pages
...the guilt of the accused officer, but it must look into the evidence; and, if it finds that there is a preponderance of evidence against the determination...verdict of a jury as against the weight of evidence. O^ | It is the purpose of the law to give a review in the Supreme Court | by certiorari, not only upon... | |
 | Law reports, digests, etc - 1911 - 1324 pages
...evidence, and, if there is a preponderance of the evidence against the determination of the commissioner, it has the same jurisdiction to reverse the determination that It has to set aside the verdict of a jury. [Ed. Note. — For other cases, see Certiorari, Cent Dig. §5 180-182; Dec. Dig. § 08.*] Certiorari,... | |
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