A Selection of Cases On Trial Practice At Common Law And Under Modern Statutes
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, subject to the opinion of the court upon the demurrer to evidence.
The defendant then moved in arrest of judgment, first, be- cause there is no consideration stated in the declaration, and secondly, because no damages are laid.
Judgment for the defendant, from which plaintiff appealed.
Roane, j. * * * The third point respects the demurrer to evidence. The judgment to be given is that the evidence is, Sec. 3. ] fowle v. Alexandria. 301 or is not, sufficient to maintain the issue joined on the ...part of the appellee. Of this the jury are the only competent judges, and therefore if the case be withdrawn from their decision by this mode of proceeding, the court must presume any and every fact which the jury might out of complicated testimony have inferred. But those conclusions of fact must be such as the jury might from a just and reasonable construction have made, and not arbitrary inferences, or such as might be drawn from a part only of the whole evidence.
The charge is that the defendant commenced and mismanaged the suit.
What to read after A Selection of Cases On Trial Practice At Common Law And Under Modern Statutes?
You can find similar books in the "Read Also" column, or choose other free books by Edward Wilcox Hinton to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
, subject to the opinion of the court upon the demurrer to evidence.
The defendant then moved in arrest of judgment, first, be- cause there is no consideration stated in the declaration, and secondly, because no damages are laid.
Judgment for the defendant, from which plaintiff appealed.
Roane, j. * * * The third point respects the demurrer to evidence. The judgment to be given is that the evidence is, Sec. 3. ] fowle v. Alexandria. 301 or is not, sufficient to maintain the issue joined on the ...part of the appellee. Of this the jury are the only competent judges, and therefore if the case be withdrawn from their decision by this mode of proceeding, the court must presume any and every fact which the jury might out of complicated testimony have inferred. But those conclusions of fact must be such as the jury might from a just and reasonable construction have made, and not arbitrary inferences, or such as might be drawn from a part only of the whole evidence.
The charge is that the defendant commenced and mismanaged the suit.
What to read after A Selection of Cases On Trial Practice At Common Law And Under Modern Statutes?
You can find similar books in the "Read Also" column, or choose other free books by Edward Wilcox Hinton to read onlineMoreLess
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