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" ... a question of law for the court, and not a question of fact for the jury. "
Select Cases Argued and Determined in the Supreme Court of Alabama, During ... - Page 583
by Alabama. Supreme Court, John Wesley Shepherd - 1864 - 792 pages
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 89

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 - Law reports, digests, etc - 1892 - 742 pages
...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...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 173

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 - Law reports, digests, etc - 1913 - 804 pages
...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...
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Reports of Cases Decided in the Special Court of Appeals of ..., Volume 1

Virginia. Special Court of Appeals, Roscoe Briggs Heath - Law reports, digests, etc - 1856 - 512 pages
...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...
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Reports of Cases Heard and Determined by the Judicial Committee ..., Volume 1

Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - Law reports, digests, etc - 1864 - 584 pages
...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...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 40

Georgia. Supreme Court - Equity - 1871 - 860 pages
...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...
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The Central Law Journal, Volume 85

Law - 1917 - 498 pages
...the time in which the customer should make an objection to an account thus stated, is a question of law for the court, and not a question of fact for the jury. "That a settled account or an account stated and agreed upon between the parties can only be opened...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 14

Law reports, digests, etc - 1882 - 664 pages
...applt. Decided March 14, 1882. Whether or not a case falls within the Statute of Frauds is a question of law for the Court and not a question of fact for the jury to decide. Appeal from judgment entered upon a verdict. ' This action was brought to recover a sum...
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Tiffany's Special Agent's and Adjusters' Assistant: Containing Numerous ...

Henry Stanton Tiffany - Fire insurance - 1887 - 466 pages
...Insurance, page 160, says: "As to what constitutes machinery under a policy of Insurance, is a question of law for the Court, and not a question of fact for the jury. A policy covering " machinery " will be construed to cover all instruments used or intended to be operated...
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A Treatise on the Law of Fire Insurance Adapted to the Present ..., Volume 2

Horace Gay Wood - Fire insurance - 1886 - 682 pages
...The insufficiency of preliminary proofs, there being no question of waiver involved, is a question of law for the court, and not a question of fact for the jury. Catlin ,v. Springfield Ins. Co., 1 Sumn. (US) 437; Beatty v. Ly coming Ins. Co. , 66 Penn. St. 17;...
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A Treatise on the Law of Fire Insurance, Adapted to the Present ..., Volume 1

Horace Gay Wood - Fire insurance - 1878 - 974 pages
...for court. SBC. 72. As to what constitutes machinery under a policy of insurance, is a question of law for the court, and not a question of fact for the jury." A policy covering " machinery " will be construed to cover all instruments used, or intended to be...
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