Kinnare v. Klein

In Frazer v. Howe, 106 Ill. 563, the court, speaking through Mr. Justice Scholfield, with reference to the practice and effect of an instruction to find for the defendant, said:

“The practice of withdrawing the evidence from the jury, although looked upon with disfavor (citing prior decisions), is nevertheless admissible, and where there is any one essential allegation of a declaration which has no evidence to support it, we have held it is the duty of the court to exclude from the consideration of the jury all the evidence in the case, or to charge the jury that there is no evidence to…