...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...

...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...

...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...

...allowed a new trial on payment of costs. Bland V. Warn*. 445. 18. The application to a judge in \bs course of. a cause to direct a verdict for one or...close of the plaintiff's case no evidence appears to aflect them, but by the probabilities whether any such will arire before the whole evidence in the...

...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...

...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...

...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...

...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...

...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...

...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,...