 | Vermont. Supreme Court - Law reports, digests, etc - 1844 - 820 pages
...2. In an action against a town, to recover damages occasioned by the insufficiency of a road, it is a question of fact, or a mixed question of law and fact, whether the road was out of repair, — us, also, whether the town was justly chargeable with neglect... | |
 | James Burch Robb - Patent laws and legislation - 1854 - 774 pages
...the surrender is to be accepted only when the specification is defective. Is not that very question a question of fact, or a mixed question of law and fact ? Certainly it is. It is for the jury : even a Court cannot determine it without a jury. By Act of... | |
 | Ireland. High Court of Chancery - Law reports, digests, etc - 1855 - 736 pages
...under his own settlement of 1810, or his father's of 1769. My own impression was that this might be a question of fact, or a mixed question of law and fact — if so, the verdict is imperfect in not finding upon it ; but I am willing to take it as it has... | |
 | South Carolina. Court of Appeals, J. S. G. Richardson - Equity - 1855 - 522 pages
...law, was entitled to recover increased rent ; whereas he should have left it to the jury to decide as a question of fact, or a mixed question of law and fact, whether the original lease was renewed or not. Huger rs. Dibble. 3. That the verdict was in the foregoing,... | |
 | Joseph Kinnicut Angell, Thomas Durfee - Highway law - 1857 - 484 pages
...prudence generally exercise ; and whether in any given case he has exercised this degree of care is a question of fact, or a mixed question of law and fact, to be determined by the jury under the direction of the Court.4 The burden of proving the exercise... | |
 | Amasa Junius Parker - Criminal law - 1860 - 720 pages
...Cow., 440; 6 Cow., 682; 2 Price, 282; 1 Burr., 54.) 2. The question of malice and intent to kill, if a question of fact or a mixed question of law and fact, is a question for the jury. (Wharton's Crim. Law, 637; 2 Scott, 369; 2 Stew. & Porter, 193 ; 1 Greenl.... | |
 | Thomas Foster Withrow, Edward Holcomb Stiles - Law reports, digests, etc - 1875 - 724 pages
...as persons of common prudence generally exercise ; whether he has exercised such degree of care is a question of fact or a mixed question of law and fact, to be determined by a jury under the instructions of a court. Ibid. 225. Negligence consists in such... | |
 | Charles Sidney Whitman - Copyright - 1878 - 1224 pages
...the surrender is to be accepted only when the specification is defective. Is not that very question a question of fact, or a mixed question of law and fact? Certainly it is. It is for the jury. Even a court cannot determine it without a jury. By act of April... | |
 | Law reports, digests, etc - 1886 - 948 pages
...relief. 2. Гивыс LAXDS— FINDINGS or LAND OITFICEBS. The Hnding of the land department as to a question of fact, or a mixed question of law and fact, on a question properly before it, is conclusive ou the courts. 3. OFFICE AND OFFICER — ACTS OF DE... | |
 | Emlin McClain - Court rules - 1887 - 1102 pages
...persons of common prudence generally exercise, and that whether he had exercised such degree of care was a question of fact or a mixed question of law and fact to be determined by the jury under the direction of the court: Rttsch r. Daivnfiort, 6-443. 1 7. Where... | |
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Is not that very question a question of fact, or a mixed question of law and fact ? Certainly it is. 
