 | Iowa. Supreme Court - 1861 - 694 pages
...mortgagor holds possession and deals with the mortgaged property as his own, is fraudulent or not, is a question of fact for the jury and not one of law for the court. Now, the foregoing instructions were framed and given upon the theory that the consent of the mortgagee... | |
 | Edwin Tyrrell Hurlstone, John Paxton Norman - 1861 - 1008 pages
...Gavin, — even if there was nothing more, was good ground for dismissal, at least it raised a question for the jury, and not one of law for the Court. The plaintiff represented that he merely became security, so that Couturier might have some one in England... | |
 | Nevada. Supreme Court - 1869 - 622 pages
...possession, if there is some evidence tending to prove acts of appropriate domain, its sufficiency is a question of fact for the jury, and not one of law for the court to decide. INSUFFICIENCY OF EVIDENCE — NONSUIT. In ejectment based on prior possession, it is error... | |
 | Theophilus Parsons - 1873 - 804 pages
...of such waiver, (c) Whether particular conversations amount to a waiver or not has been held to be a question of fact for the jury, and not one of law for the court,(¿) but it has also beeu said that questions (ft) Miranda ». City Bank, 6 La. 740. (c) See Martin r. Ingersoll,... | |
 | Theophilus Parsons - 1876 - 804 pages
...of such waiver. (c) Whether particular conversations amount to a waiver or not has been held to be a question of fact for the jury, and not one of law for the court,(t¿) but it has also been said that questions (ft) Miranda v. City Bank, 6 La. 740. (c) See... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1897 - 598 pages
...accident, the employe was guilty of negligence which was the proximate cause of the injury, was one of fact for the jury, and not one of law for the court. 6. Whether the employe, at the precise time of the accident, was exercising such care as a reasonable... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1899 - 602 pages
...person who was injured, it was said : "Whether they were co-operating or consociating is a question for the jury, and not one of law for the court.' The question, then, being one of fact, and having been passed upon by the appellate court, the decision... | |
 | 1878 - 560 pages
..." what is the malt liquor intended by and embraced in the statute and prohibited from gale," is one of fact for the jury and not one of law for the court. State v. Starr. MUNICIPAL CORPORATION. Not liable to one injured by defect in highway while racing.... | |
 | Charles Patrick Daly - 1879 - 648 pages
...arrived at, not from the language alone, but from that, and all the circumstances proved, it was a question of fact for the jury, and not one of law for the court. It was not a question of interpretation, but of inference and of fact." The third request is of like... | |
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This was, at least, a question of fact for the jury, and not one of law for the court. 
