 | Chauncey Smith - Law - 1859 - 942 pages
...the prosecutor as Darius C., the evidence was that his name was Trius C. Held, thai it waj a question of fact for the jury, and not of law for the court, whether the two words were idem lonantia. Regina v. Davis, iv. 584. V. Conviction ; Judgment. 1. Indictment... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1862 - 670 pages
...plaintiffs. 1. Whether or not the plaintiff;, had waived the breach of the contract, was a question of fact for the jury, and not of law for the court. Savage Manufacturing Co. v. Armstrong, 5 Shepl. 34 ; Cox v. Bennet 1 Green, 165. 2. The rule of damages... | |
 | Massachusetts. Supreme Judicial Court - Boston (Mass.) - 1866 - 174 pages
...defendants are entitled to a new trial. Kellogg v. Northampton, 4 Gray, 65 (1855). 357. It is a question of fact for the jury, and not of law for the court, whether a town has used ordinary care in the construction of its roads, and whether the latter are... | |
 | Theophilus Parsons - Partnership - 1866 - 736 pages
...partner who has ' done nothing: (w) Whether a person has actual knowledge of a dissolution, is a question of fact for the jury, and not of law for the court. (м>) But a partner who (s) Parkin v. Carruthers, 3 Esp. 248; Esp. 1 08 ; Wrightsonv. Pulían, 1 Stark.... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1868 - 622 pages
...from the language, taken in connection with the attendant circumstances. It is therefore a question of fact for the jury, and not of law for the court, and hence this instruction was properly refused Jones t>. Quick. in this case. The evidence fully discloses... | |
 | Nathan Howard (Jr.) - Civil procedure - 1870 - 720 pages
...the question. The cases in the 31 and 34 NF, merely hold that the question of frand, in such cases, is one of fact for the jury, and not of law for the court. Neither holds that if the jury on the evidence, had found the sale fraudulent, it would have been disturbed... | |
 | Law - 1881 - 560 pages
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 | Oliver Lorenzo Barbour - Law reports, digests, etc - 1871 - 756 pages
...question. The cases in the 31st and 34th NY Reports merely hold that the question of fraud, in such cases, is one of fact for the jury, and not of law for the court. Neither holds that if th,e jury, on the evidence, had found the sale fraudulent, the finding would... | |
 | South Australia. Supreme Court - 1871 - 194 pages
...question of the sufficiency of these particulars—there being no conflict of evidence on the point —is one of fact for the jury and not of law for the Court. A policy of insurance provided that persons insured sustaining damage by tire should within fifteen... | |
 | 1871 - 226 pages
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... a question of fact for the jury, and not of law for the court. 
