| North Carolina. Supreme Court - Law reports, digests, etc - 1878 - 760 pages
...of facts dehors the deed, established by parol proof, because it is a patent ambiguity, a question of law for the Court and not one of fact for the jury. In Capps v. Holt, 5 Jones, Eq., 153, the call was for " a tract of 150 acres lying on watery branch in... | |
| New York (State). Superior Court (New York), James M. Sweeny - 1871 - 790 pages
...of plaintiff as security for a loan. This fact not being disputed, left the question of conversion one of law for the court, and not one of fact for the jury. AB there was no conflict of evidence as to the time of conversion, that question became a question... | |
| Law - 1915 - 456 pages
...to had the insured lived out his expectancy of life. These cases also decide that this is a question of law for the Court, and not one of fact for the jury. In this case it was shown that the plaintiff advanced the insured money to pay the premiums for a year... | |
| Law reports, digests, etc - 1883 - 812 pages
...the plaintiff, but to him. 3. On the third bill of exceptions. The question of interest is a question of law for the Court, and not one of fact for the jury. Pea»e vs. Barber, 3 Gaine, 2(>(>; Liotard vs. G rares, Ib. 234; Waddington vs. United Insurance Company,... | |
| Law reports, digests, etc - 1916 - 1226 pages
...second appeal it was determined that the question raised was presented in such form that it became one of law for the court, and not one of fact for a jury, and the law of the state of Missouri was declared. On these pleadings the case went to trial.... | |
| Law reports, digests, etc - 1921 - 954 pages
...determination of that question depends entirely upon a consideration of the agreement, and hence was a matter of law for the court and not one of fact for the jury; and the quotations above set forth make it clear he thereby "made bimself personally liable." Nor is... | |
| Law reports, digests, etc - 1905 - 1028 pages
...out a cause of action, it need not refer to the statute, nor set out its terms. 2. It is a question of law for the court, and not one of fact for the jury, whether a person is required by statute to remove an obstruction from a highway. 3. In an action under... | |
| California. Supreme Court - Law reports, digests, etc - 1887 - 784 pages
...claiming a discharge under the Insolvent Act, has strictly complied with its provisions, is a question of law for the court, and not one of fact for the jury. Id. 7. STATEMENT OF LOSSES IN INSOLVENT'S PETITION.— In a contest on the ground of fraud against... | |
| Railroad law - 1887 - 764 pages
...negligence as towards him ; and. under the facts of ttiis case, we think this question is a question of law for the court, and not one of fact for the jury ; and, as these views, harmonize with the decision of the court below, its judgment must be affirmed.... | |
| |