 | Thomas Starkie - Libel and slander - 1830 - 688 pages
...Lords Mansfield and Loughborough, in stating their opinions for reversing the judgment, observe that the question of probable cause is a mixed question...alleged to show it probable or not probable are true and exexisted is a matter of fact ; whether, supposing them to be true, they amount to a probable cause,... | |
 | Charles Petersdorff - Law - 1831 - 598 pages
...ed either by question of probable causo is a mixed proposition of law and fact. Whether direct evi the circumstances alleged to show it probable, or not probable, are true and dence, or existej) ¡3 a mat,er of fnct; but whether, supposing them true, they amount from^otal to... | |
 | Vermont. Supreme Court - Law reports, digests, etc - 1833 - 660 pages
...of law and fact. Whether the circumstances relied on to show the cause for prosecuting to have been probable, or not probable, are true and existed, is a matter of fact for the jury to find ; but whether, supposing them true, they amount to a probable cause, is a question... | |
 | Ireland. Court of King's Bench - Law reports, digests, etc - 1840 - 448 pages
...justified in arresting on a reasonable ground of suspicion ; but what constitutes such a ground is a mixed question of law and fact: whether the circumstances alleged to shew it probable, or not probable, are true and existed, is a matter of fact ; but whether, supposing... | |
 | Equity - 1840 - 438 pages
...justified in arresting on a reasonable ground of suspicion ; but what constitutes such a ground is a mixed question of law and fact: whether the circumstances alleged to shew it probable, or nut probable, are true and existed, is a matter of fact; but whether, supposing... | |
 | William Selwyn - Nisi prius - 1845 - 878 pages
...on motion for new trial. Holroyd's MSS. See Dvbois v. Keats, 11 A. & E. 329; 3 P. & D. 306. Cbable or not probable are true, and existed, is a matter of fact : whether, supposing them true, they amount to a probable cause, is a question of law "(z). — " The... | |
 | International law - 1845 - 544 pages
...generally, however numerous and complicated the facts may be. In Johnstone v. Suttou1 it was said, that the question of probable cause is a mixed question of law and fact, that whether the circumstances alleged to show it probable or not probable existed is matter... | |
 | William Johnson, New York (State). Supreme Court - Law reports, digests, etc - 1849 - 866 pages
...Dupont, 2 Browne, App. 42 ; Lyon v. Fox, ib. 67 ;) the question of probable cause is a mixed proposition of law and fact. Whether the circumstances, alleged...probable are true and existed, is a matter of fact. (Stone v. Crocker, 24 Pick. 81. Hemmenway v. Woods, 1 ib. 524. Marsian v. Deyo, 2 Wend. 424. Lipford... | |
| |
The question of probable cause is a mixed question of law and of fact. Whether the circumstances alleged to show it probable are true, and existed, is a matter of fact; but whether, supposing them to be true, they amount to a probable cause, is a question... 
