 | 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... | |
 | 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... | |
 | 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... | |
 | Christopher Columbus Langdell - 1880 - 304 pages
...offer, but it must be decided wholly upon its own circumstances, the question seems to be clearly one of fact for the •jury, and not one of law for the court. If it be said 1 12 Conn. 424, Cas. on Contr. 90. 2 6 Wend. 103, Cas. on. Contr. 77. that reasonable... | |
 | Isaac Grant Thompson - 1881 - 968 pages
...matter of law, that the defendant lawfully entered the house of the plaintiff. This was, at least, a question of fact for the jury, and not one of law for the court. We do not think that the law gives either an implied or express license to a policeman to demand an... | |
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... is a question of fact for the jury, and not one of law for the court, to pass upon. 
