demurrer to evidence

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demurrer to the evidence

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4.202 documents for demurrer to evidence

- Summary Judgment Is Constitutional
This Article demonstrates that and does not violate the Seventh Amendment. Two historical antecedents, used by common-law courts, justify modern summary judgment, trial by inspection and demurrer to the evidence. Trial by inspection, as explained by Blackstone, Coke, and Maitland, allowed a common-law judge to inspect evidence visually and then decide "obvious" cases without ever impaneling a jury. In contrast, a jury would be used if pretrial inspection demonstrated legitimate "doubt" about the relevant issue. Demurrer to the evidence, while not identical to summary judgment, is similar because it allowed a judge to take a case away from a jury where the nonmovant's evidence failed to prove a claim or defense. The Article criticizes a rigid interpreta...
- Iowa Law Review
- Nbr. 93-5, July 2008
- Slocum v. New York Life Ins. Co., 228 U.S. 364 (1913)
...At the conclusion of all the evidence, the defendant requested the court to direct a ver... rules of the common law in respect of demurrers to evidence and nonsuits. It therefore will be wel...
- U.S. Supreme Court
- Why Summary Judgment Is Still Unconstitutional: A Reply to Professors Brunet and Nelson
As I have stated, summary judgment is unconstitutional. Professors Edward Brunet's and William Nelson's Symposium responses to my article Why Summary Judgment Is Unconstitutional, previously published in the Virginia Law Review, confirm that summary judgment is unconstitutional. No procedure analogous to summary judgment existed under the English common law in 1791, the common law that governs the constitutionality of modern procedures that affect the civil jury trial right. Misreading and ignoring the governing common law, Professor Brunet offers a different type of trial under the common law, a non-jury trial-the trial by inspection-as the common law analogy to summary judgment. A look at this trial shows that, if analogous to anything in modern litigation, this trial has similarity t...

... the jury trial right, including the demurrer to the pleadings, the demurrer to the evidence, th...
- Iowa Law Review
- Nbr. 93-5, July 2008

- Petroleum Carrier Corporation v. Polk., 106 Ga. App. 650, 127 S.E.2d 696 (1962)
...There was insufficient evidence to authorize the jury to find any definite amount ...The defendant renewed its demurrer to the, plaintiff's amended petition and alleged i...
- Georgia Court Of Appeals
- Smalis v. Pennsylvania, 476 U.S. 140 (1986)
... challenged the sufficiency of the evidence by filling a demurrer pursuant to a Pennsylvania R...
- U.S. Supreme Court
- Fowle v. Common Council of Alexandria, 24 U.S. 320, 11 Wheat. 320 (1826)
... by the Court upon the defects in the demurrer to evidence, it has not been thought necessary to ...
- U.S. Supreme Court
- Young v. Black, 11 U.S. 565, 7 Cranch 565 (1813)
.... The 1st was to the admission in evidence of a record of a judgment between the same parties..., but the Defendant refused to join in demurrer and the Court refused to compel him to join. . E....
- U.S. Supreme Court
- Galloway v. United States, 319 U.S. 372 (1943)
...At the close of all the evidence the District Court granted the Government's motion... jury, by at least two procedures, the demurrer to the evidence and the motion for a new trial. Th...
- U.S. Supreme Court
- Louisville & Nashville R. Co. v. Woodson, 134 U.S. 614 (1890)
... the verdict was not sustained by the evidence. A second trial was then had, which resulted in a ...647. In such case the practice of a demurrer to the evidence can be resorted to, or a motion to...
- U.S. Supreme Court
- Bank of United States v. Smith, 24 U.S. 171, 11 Wheat. 171 (1826)
... for consideration grow out of a demurrer to the evidence, and out of exceptions taken to th...
- U.S. Supreme Court