 The question of probable cause is a mixed proposition of law and fact. Whether the circumstances alleged to show it probable or not probable are true and existed, is a matter of fact ; but whether, supposing them true, they amount to a probable cause,...  Reports of Cases Adjudged in the Supreme Court of Pennsylvania - Page 239by Charles Bingham Penrose, Pennsylvania. Supreme Court, Frederick Watts, William Rawle - 1830Full view - About this book
 | Massachusetts, William Charles White - Law - 1810 - 202 pages
...question of probable cause is a mixed proposition of law and fact. Whether the circumstances, alleged to shew it probable or not probable, are true and...supposing them true, they amount to a probable cause, is » question of law. Per Lord Mansfield, CJ and Lord LoughIsorough, CJ in Button v. Johnstone, 1 TR... | |
 | William Selwyn - Nisi prius - 1812 - 732 pages
...question of probable cause is a mixed proposition of law and fact. Whether the circumstances alleged to shew it probable or not probable are true, and...; but whether, supposing them true, they amount to H probable cause, is a question of law." Per Lord Mansfield CJ and Lord Loughborough CJ in Sutton v.... | |
 | John Elihu Hall - Law - 1814 - 592 pages
...of probable cause, is a mixed proposition of law and fact. Whether the circumstances alleged to show it probable, or not probable, are true and existed,...they amount to a probable cause is a question of law to be decided by the court. Vol.V.— No. XX. 3tf Whether the bail required in this case was excessive... | |
 | William Selwyn - Nisi prius - 1817 - 782 pages
...question of probable cause is a mixed proposition of law end fact. Whether the circumstances alleged to shew it probable or not probable are true, and...amount to a probable cause, is a question of law." Per Lord Mansfield, CJ and Lord Loughbo* rough, CJ in Sutton v. Jobnstone, I TU 5-*S. See post. Gold*... | |
 | Samuel March Phillipps - Evidence (Law) - 1822 - 600 pages
...of probable cause is a mixed proposition of law and fact. Whether the circumstances, alleged to show it probable or not probable, are true and existed,...amount to a probable cause, is a. question of law. (3) Some proof of the prosecution having been instituted without probable cause is essentially necessary.... | |
 | Samuel March Phillipps - Evidence (Law) - 1823 - 554 pages
...of probable cause is a mixed proposition of law and fact. Whether the circumstances, alleged to show it probable, or not probable, are true and existed,...they amount to a probable cause, is a question of law.(2)(o) Some proof of the prosecution having been instituted without probable cause is essentially... | |
 | Charles Petersdorff - Bail - 1824 - 618 pages
...proposition of law and fact. (A) The circumstances alleged to shew whether the probability or not is true, is a matter of fact ; but whether, supposing them...amount to a probable cause, is a question of law. (c) The existence or absence of malice, is a question peculiarly within the province of the jury, and... | |
 | Great Britain. Court of King's Bench, Frederick Augustus Carrington, Joseph Payne - Law reports, digests, etc - 1825 - 742 pages
...Whether the circumstances al" leged to show it probable, or " not probable, are true, and ex" isted, is a matter of fact; but " whether, supposing them...amount to a probable " cause, is a question of law ; and " upon this distinction proceeded " the case of Reynolds v. Kenne" dy, 1 Wils. Rep. 232." Any.... | |
| |
