 | Mihill Slaughter - 1819 - 198 páginas
...allotment did or did not constitute a hinding contract, was no ground for a new trial, that heing a question of law for the Court, and not of fact for the jury. — Wontner v. Shairp, Mag, 1846. received a letter of allotment for thirty Shares, signed hy the Seeretary,... | |
 | 1830 - 1076 páginas
...evidence had been improperly received as to the materiality of the facts not communicated, and that was a question of law for the Court, and not of fact for the jury. Against this rule, on the 8th of February in this term, Mr. Pollock and Mr. Tomlinson shewed cause.... | |
 | Thomas Coventry, Samuel Hughes - 1832 - 672 páginas
...testator. Hands v. Janus, Com. 531. 4. The question of what is reasonable, and what unreasonable, is a question of law for the court, and not of fact for the .fury. Callerall v. Marshall, 1 Mod. 70. 5. Whether a deed was in fact executed, shall ho determined... | |
 | Georgia. Supreme Court - 1889 - 936 páginas
...the question of negligence or diligence, as it affects the plaintiff's husband or the defendant, is a question of law for the court, and not of fact for the jury. The two sentences excepted to, taken by themselves, would seem to be erroneous, but taken in connection... | |
 | 1848 - 1170 páginas
...impossible to make that a ground for a new trial. Whether they constituted a contract or nut, is a question of law for the Court, and not of fact for the jury; and if a new trial were granted, the same questions that the learned Judge submitted to the jury must... | |
 | Florida. Supreme Court - 1848 - 786 páginas
...estoppel, whether le^al or equitable, is the exclusion of evidence, and its existence must always be a question of law for the court, and not of fact for the jury. Ib. 3. The doctrine of estoppel IS pait laid down in Ootten v. Wllliams, and Camp v. Parkhlll's administrators... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1891 - 776 páginas
...judgment, for 12 honest jurors to have reached any other conclusion, and in such case the question is one of law, for the court, and not of fact, for the jury. Judgment should be affirmed. CHAHPLIX, CJ, concurred with GKANT, J. CHARLES H. PLUMMER v. THE TOWNSHIP... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1897 - 796 páginas
...none before." All the essential facts in the present case are undisputed, and the question was one of law for the court, and not of fact for the jury. In this connection I quote, with approval, the language of the court of appeals of New York, in Appleby... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1894 - 778 páginas
...show the employment of a watchman. The fads were undisputed, and the question, therefore, became one of law for the court, and not of fact for the jury. Frederickson was engaged in an occupation which evidently required his constant attention. He was not:... | |
 | 1854 - 868 páginas
...the facts, the questions of reasonable or unreasonable time, or delay, or diligence, are questions of law for the Court, and not of fact for the jury. The following cases are referred to : — Ellis v. Paige, 1 Pick. 43 ; SC 2 ib. 71, 77, note; Gilbert... | |
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If it was sufficient of itself, it was a question of law for the court and not of fact for the jury. 
