 | Georgia. Supreme Court - Equity - 1847 - 556 pages
...follows: "It is doubtless within the province of the court in the exercise of its discretion, to suup the facts in the case to the jury, and submit them...deducible therefrom to the free judgment of the jury; Intt care should be taken in all such cases to separate the law from At facts, and to leave the latter... | |
 | Richard Peters - Law reports, digests, etc - 1860 - 836 pages
...not grow out of the facts proved on the trial of the cause. Clarke v. Kownslar, 10 Peters, 657. 3. It is, doubtless, within the province of a court,...the facts, and to leave the latter in unequivocal terms to the jury, as their true and peculiar province. M'Lanahan v. The Universal Insurance Company,... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1864 - 822 pages
...views which the court had arrived at, and which it might at all times properly suggest to the jury. It is doubtless within the province of a court, in...therefrom, to the free judgment of the jury. But care should be taken in all such cases to separate the law from the facts, and to leave the latter, in unequivocal... | |
 | Law reports, digests, etc - 1908 - 2268 pages
...views which the court had arrived at, and which It might at all times properly suggest to the jury. It Is doubtless within the province of a court, in...therefrom, to the free Judgment of the jury. But care should be taken In all such cases to separate the law from the facts, and to leave the latter, In unequivocal... | |
 | United States. Supreme Court - Law reports, digests, etc - 1882 - 1074 pages
...views which the court had arrived at, and which it might at all times properly suggest to the jury. It is, doubtless, within the province of a court,...jury, and submit them, with the inferences of law deduciblc therefrom, to the free judgment of the jury. But care should be taken in all such cases,... | |
 | Law reports, digests, etc - 1895 - 1088 pages
...85,*03. 8 Sup. Ct 1142; • ' Lovejoy v. US. 128 TJ. S. 171, 173, 9 Sup. Ct 57. But he should take care to separate | the law from the facts, and to leave the latter In unequivocal terms to the judgment of the jury as their true and peculiar province. M'Lanahan v. Insurance Co.,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1887 - 1244 pages
...71 (26:305); Hartey v. Tyler, 2 Wall. 828 (17:871); Lincoln v. Clafltn, 1 Wall. 132 (19:106). It is within the province of a court in the exercise of...deducible therefrom to the free judgment of the jury, exercising cere to separate the law from the facts. Ins. Co v . Treft, 104 US 197 (Bk. 28, L. ed. 708);... | |
 | Seymour Dwight Thompson - Cross-examination - 1889 - 1428 pages
...instructions as to the inferences of law deducible therefrom. But he should, in all cases, take care to separate the law from the facts, and to leave the latter in unequivocal terms to the judgment of the jury, as their true and peculiar province.2 He may not only thus present... | |
 | United States. Supreme Court - Law reports, digests, etc - 1895 - 782 pages
...Dissenting Opinion: Gray, Shiras, JJ. 93; Lovejoy v. United States, 128 US 171, 173. But he should take care to separate the law from the facts, and to leave the latter in unequivocal terms to the judgment of the jury as their true and peculiar province. M Lanahan v. Universal Ins.... | |
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It is doubtless within the province of a court, in the exercise of its discretion, to sum up the facts in the case to the jury, and submit them, with the inferences of law deducible therefrom, to the free judgment of the jury. But care... 
