 | Vermont. Supreme Court - 1844 - 820 էջ
...GLOvER. 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, — as, also, whether the town was justly chargeable with neglect... | |
 | James Burch Robb - 1854 - 774 էջ
...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 - 1855 - 736 էջ
...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 - 1855 - 522 էջ
...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,... | |
 | 1856 - 612 էջ
...time, yet such bill must be presented within a reasonable time. What constitutes a reasonable time is a mixed question of law and fact for the determination of the court and the jury. A bill of exchange was drawn at Calcutta on the IGth of February, 1848, by LR and... | |
 | Joseph Kinnicut Angell, Thomas Durfee - 1857 - 484 էջ
...common 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 - 1860 - 720 էջ
...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 - 1875 - 724 էջ
...such 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... | |
 | Henry Dunning Macleod - 1876 - 648 էջ
...within a reasonable time. What is reasonable time depends upon the circumstances of the case ; and is a mixed question of law and fact, for the determination of the Court and jury. Manwarin9 v. Harrison, 1 Stra., 508. Hankey v. Trotman, 1 W. Bla., 1. Godfray v. Coalman,... | |
 | Charles Sidney Whitman - 1878 - 1224 էջ
...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... | |
| |
... mixed question of law and fact, for the determination of the jury under proper instructions from the court. 
