A Treatise on the Law of Trials in Actions Civil and Criminal, Volume 2 |
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Page 1232
... instruction was properly refused , the court , speaking through McMillan , J. , said : " If the instruction under consideration had been given , the court would have withdrawn that question from the jury and determined for itself what ...
... instruction was properly refused , the court , speaking through McMillan , J. , said : " If the instruction under consideration had been given , the court would have withdrawn that question from the jury and determined for itself what ...
Page 1285
... instruction , " said Wagner , J. , " is certainly wrong . What amounted to doing the work in a plain , substantial and workmanlike manner , was a question exclusively for the jury . But the instruction undertakes to withdraw the ques ...
... instruction , " said Wagner , J. , " is certainly wrong . What amounted to doing the work in a plain , substantial and workmanlike manner , was a question exclusively for the jury . But the instruction undertakes to withdraw the ques ...
Page 1429
... instruct them , in a prosecution for felony , that they are the exclusive and par- amount judges of all questions of law ... instruction upon re- quest : State v . Snow , 18 Me . 346 , 348 ; Warren v . State , 4 Blackf . ( Ind . ) 150 ...
... instruct them , in a prosecution for felony , that they are the exclusive and par- amount judges of all questions of law ... instruction upon re- quest : State v . Snow , 18 Me . 346 , 348 ; Warren v . State , 4 Blackf . ( Ind . ) 150 ...
Page 1441
... instruction , omitting the last clause beginning with the words , " but in criminal cases , " etc.41 An instruction which tells the jury that they have the right to judge of the law , as well as of the facts of the case , and that ...
... instruction , omitting the last clause beginning with the words , " but in criminal cases , " etc.41 An instruction which tells the jury that they have the right to judge of the law , as well as of the facts of the case , and that ...
Page 1448
... instruction was eminently just and proper.63 § 2143. [ Continued . ] Indiana . - In Indiana an instruction in a case of murder which tells the jury that , while it is the duty of the court to instruct them as to the law bearing upon the ...
... instruction was eminently just and proper.63 § 2143. [ Continued . ] Indiana . - In Indiana an instruction in a case of murder which tells the jury that , while it is the duty of the court to instruct them as to the law bearing upon the ...
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A Treatise on the Law of Trials in Actions Civil and Criminal, Volume 4 Seymour D Thompson No preview available - 2019 |
Common terms and phrases
43 South accused acquit action adverse possession affidavits alleged appear apply Bank Barb carrier charge the jury Chicago circumstances common carrier common law conclusion Conn contract contributory negligence conviction counsel Crim criminal damages Davis deed defendant defendant's dence doctrine duty erroneous evidence tending fraud give given ground guilty held error indictment inference injury instruct the jury Iowa Jones judge judgment jurors Justice Law Rep liability malice matter of law ment Minn Missouri motion N. R. Co negligence nonsuit Ohio St opinion party person plaintiff pleadings possession presumption probable cause proper prosecution proved question of fact question of law reasonable doubt refuse request rule sealed verdict Smith statute struction submitted sufficient supra Supreme Court Tenn testimony Texas Thomp tion trial by jury trial court unless Wend witness
Popular passages
Page 1481 - The right of trial by jury shall remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases in the manner prescribed by law.
Page 1481 - The right of trial by jury shall be secured to all, and remain inviolate forever; but a jury trial may be waived by the parties, in all civil cases, in the manner to be prescribed by law.
Page 1482 - The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate forever. But a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law.
Page 1798 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 1054 - ... for the court and not a question of fact for the jury.
Page 1484 - That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred.
Page 1480 - In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been otherways used and practised, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the legislature shall hereafter find it necessary to alter it.
Page 1739 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 1301 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 1250 - The judge has to say whether any facts have been established by evidence from which negligence may be reasonably inferred ; the jurors have to say whether, from those facts, when submitted to them, negligence ought to be inferred.