...security for his private debt, and it was used for that purpose, the arrest was not lawful — and this was a question of fact which should have been submitted to the jury by proper qualifying words in the instruction. The inference which it would seem was sought to...

...defendant in respect to a ratification by plaintiff of the agent's unauthorized settlement was, that it was a question of fact, which should have been submitted to the jury. For the respondent there was a brief by Collins & Pierce, and oral argument by Mr. Pierce. To...

...instrument as to her: that whether such words were inserted before or after execution of the bond by her was a question of fact which should have been submitted to the jury, 14 Barb., 122; that before the testimony of plaintiff and the attorney could be taken as true...

...your husband raise it over the top? A. Yes, sir." Under the testimony of plaintiff, above set forth, there was a question of fact which should have been submitted to the jury. Under the petition of plaintiff, answer of defendant, and plaintiff's reply, Issue was joined...

...thereby acquire color of title. This depended upon whether or not he purchased in good faith; and this was a question of fact which should have been submitted to the jury. Ortf/ff v. tbtyre. 8 Pet., 253; Ang. on Lim., 436; CVrt/ipv. Bromagham, 9 Cow., 558. Mr. A. Williams,...

...respondent's liability or nonliability for the accident resulting in the death of appellant's intestate was a question of fact which should have been submitted to the jury, and therefore the Judgment should be reversed, and a venire de novo awarded. (8! NJ Eq. 309)...

...as to whether the plaintiff was guilty of contributory negligence or not in this and other respects was a question of fact which should have been submitted to the jury. 7. SAME — MISLEADING INSTRUCTIONS. Where the plaintiff voluntarily placed himself in a position...

...not of the original assignee of Condi, but of his heirs. The Supreme Court, however, held that this was a question of fact, which should have been submitted to the jury. Mr. Justice Nelson gave the following explanation of the somewhat peculiar character of grants...

...v. Stouch, 5 Serg. & 11. 157. Whether Hall's acceptance of the lease was a surrender of his title, was a question of fact which should have been submitted to the jury upon nil the evidence, including that offered by the defendants: Hamilton v. Marsden, 6 Binn....

...if he did know it, such permission on his part under the circumstances would constitute negligence, was a question of fact, which should have been submitted to the Jury. [5] Instruction No. 2 is erroneous, because it told the jury that, if the foreman, by the exercise...