 | Vermont. Supreme Court - 1844 - 820 sider
...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... | |
 | Ireland. High Court of Chancery - 1855 - 736 sider
...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 sider
...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 - 1857 - 484 sider
...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 sider
...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 sider
...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 - 1878 - 1224 sider
...oath to them. Such oaths would be extra-judicial and nugatory. He cannot require the party's own oath. Now, whether the want of a proper specification be...cannot determine it without a jury. By act of April 20, 1818, the Secretary of State appoints a superintendent. Docs he delegate to him his judicial power... | |
 | 1886 - 948 sider
...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 - 1887 - 1102 sider
...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... | |
 | Texas. Court of Appeals - 1888 - 860 sider
...been further held that whether or not a place is a public place, in contemplation of the statute, is a question of fact, or a mixed question of law and fact, for the determination of the jury under proper instructions from the court. (Parker v. The State, 26... | |
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Is not that very question a question of fact, or a mixed question of law and fact ? Certainly it is. 
