A Treatise on Questions of Law and Fact; Instructions to Juries and Bills of Exceptions

A Treatise on Questions of Law and Fact; Instructions to Juries and Bills of Exceptions

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...inasmuch as the instructions given are usually drafted by the opposite counsel, each from his own stand-point in the case, and are given sometimes after a hurried examination by the judge, and so the jury are involved in doubt and uncertainty. It would, of course, be proper for the jury to return into court, and receive additional instructions; but they too rarely, perhaps, take the trouble to do this, and often do not realize that they may do so properly. 9 435. They may come, however, with regard to different standards of estimating damages;37 or to different causes of loss in the same matter.an 436. In an action on a guaranty of the payment of a note, the consideration of the guaranty being one dollar, the jury were instructed (1) That, unless the consideration mentioned in the guaranty had been paid, the defendant was not liable; and (2) That he was liable, if his guaranty was the inducement for selling the maker the goods for which the note was given. These were held repugnant, and because of the omission to state that the one dollar must have been paid, or there must have been some other consideration sufiicient to support the agreement.39 3'R. R.v. Millcr,40 Miss. 48; 37 Goal & lron Co. 1'. TilghR. R. v. Kendrick, ibid. 388. man, 13 Md. 85. 35 R. R. U. Dmm, 61 lll. 388; 88 Ferguson v. Adm'r, I Met. Kingcr ll. State, 45 1nd. 521. (Ky.) 83. 3" Clem 1: . State. 31 Ind. 484; Bradley I'. State, ibid. 492. 437. To vitiate, however, the contradiction must not merely be qualifying in its effect, but vitally antagonistic. And the Supreme Court of Nevada has well remarked that " The rule that a case must be reversed where instructions on a material point are contradictory, is not as...show more

Product details

  • Paperback | 200 pages
  • 189 x 246 x 11mm | 367g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236862120
  • 9781236862129