 | James Kent - 1828 - 432 Seiten
...held, that the reasonableness of notice, or demand, or due diligence, when the facts were settled, was a question of law for the court, and not a question of fact for a jury. But the question is so mixed up with circumstances, and is so compounded of the ingredients... | |
 | 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 - 1892 - 742 Seiten
...occupied with a dwelling or not. It was urged in the court below, and is now urged here, that this was a question of law for the court, and not a question of fact for the jury, and that the court should have directed a verdict for the respondent. Were it a question of law, I... | |
 | 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 - 1913 - 804 Seiten
...or exemplary damages. The retraction being in writing, the question whether it was full or complete was a question of law for the court, and not a question of fact for the jury, if that question had been in issue. The questions asked of the witness on cross-examination and ruled... | |
 | Virginia. Special Court of Appeals, Roscoe Briggs Heath - 1856 - 512 Seiten
...als. 121 5. The question of due diligence in serving notice of dishonor of a bill of exchange is a question of law for the court, and not a question of fact for the jury. Early v. Preston, 228 6. What the court will not take judicial notice of, in an action on a bill of... | |
 | Illinois. Supreme Court - 1906 - 712 Seiten
...upon in the original declaration. The interpretation and construction to be placed upon pleadings is a question of law for the court, and not a question of fact for the jury. It would be absurd, and a confusion and destruction of the law, to submit to the decision of a jury... | |
 | Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1864 - 584 Seiten
...expressed condition, it is a contrat aleatoire. Our contention is, that the construction of the policy was a question of law for the Court, and not a question of fact for the jury. The finding of the jury, that the owners of the steam vessel were not precluded by the policy from... | |
 | Alabama. Supreme Court, John Wesley Shepherd - 1864 - 806 Seiten
...they have furnished of their own contract; and what the terms of that contract are, is a question ot law for the court, and not a question of fact for the jury. But, when the question presented is not among the controlling or primary purposes of the writing, but... | |
 | Massachusetts. Supreme Judicial Court - 1866 - 1338 Seiten
...plan, was not within the curtilage of the dwelling-house, as alleged in the indictment, and that this was a question of law for the court, and not a question for the jury. Commonwealth ». Barney. But the presiding judge ruled that it was a question for the... | |
 | Georgia. Supreme Court - 1871 - 860 Seiten
...undisputed facts in the case. Whether the original contract between Dever and Freeman was at an end or not, was a question of law for the Court, and not a question of fact for the jury. What does the law declare shall be the rights and liabilities of the parties, when Dever, at the request... | |
 | 1872 - 954 Seiten
...and his statement on oath as a witness in said cause proven, its materiality to support that issue was a question of law for the court, and not a question of feet for the jury. The second instruction is erroneous because it is founded upon the supposition that... | |
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... for the court and not a question of fact for the jury. 
