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Books Books 1 - 10 of 50 on The question of probable cause is a mixed question of law and of fact. Whether the....  
" The question of probable cause is a mixed question of law and of fact. Whether the circumstances alleged to show it probable are true, and existed, is a matter of fact ; but whether, supposing them to be true, they amount to a probable cause, is a question... "
Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial ... - Page 203
by Massachusetts. Supreme Judicial Court - 1864
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A Treatise on the Law of Slander and Libel: And Incidentally of ..., Volume 1

Thomas Starkie - Libel and slander - 1830
...493. Lords Mansfield and Loughborough, in stating their opinions for reversing the judgment, observe that the question of probable cause is a mixed question of law and fact. Whether the circumstances alleged to show it probable or not probable are true and exexisted...
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New Cases in the Court of Common Pleas, and Other Courts: With ..., Volume 2

Peregrine Bingham - Law reports, digests, etc - 1836
...: it was a mixed question of law and fact which might properly be left to a jury. PARK J. Whenever the question of probable cause is a mixed question of law and fact, it may properly be left to the jury. (a) 6B.%C.225. 2 2 18S5. M'DONALD v. IloOKE. MICHAELMAS...
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A Digest of the cases decided and reported in the Superior Court of the City ...

William Johnson, New York (State). Superior Court (New York) - Law reports, digests, etc - 1838 - 666 pages
...70. The gist of this action is some evil practice or malice in him who sues or prosecutes. Ibid, 71. The question of probable cause is a mixed question of law and fact. Whether the circumstances alleged to show it probable, or not probable, are true and existed,...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, Charles James Gale, Sir Henry Davison - Law reports, digests, etc - 1842
...proceedings in a criminal Court. However at page 545 it is again laid down by the two Chief Justices that " the question of probable cause is a mixed question of law and fact. Whether the circumstances alleged to shew it probable or not probable are true and existed, is...
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The Law Review and Quarterly Journal of British and Foreign ..., Volume 1

Law - 1845
...2 but generally, however numerous and complicated the facts may be. In Johnstone v. Suttou1 it was said, that the question of probable cause is a mixed question of law and fact, that whether the circumstances alleged to show it probable or not probable existed is matter...
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Reports of Cases in Law and Equity Determined in the Supreme Court of the ...

Oliver Lorenzo Barbour - Law reports, digests, etc - 1850
...cannot be inferred from express malice, but malice may be implied from the want of probable cause. The question of probable cause is a mixed question of law and fact. Whether the circumstances alleged, to show probable cause, or the contrary, arc true, and existed,...
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The law of pleading and evidence in civil actions ..., Volume 2, Part 1

John Simcoe Saunders - Civil procedure - 1851 - 1417 pages
...prosecutor that he had no evidence to support the indictment (Taylor v. VV'illans, 6 Bing. 183). Whenever the question of probable cause is a mixed question of law and fact, it may properly be left to the jury (M'Donald v. Kooke, 2 BNC 217). Where the pit., as servant,...
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Kinne's Law compendium

Asa Kinne, United States. Courts, Great Britain. Courts - Law - 1852
...Sterling v. Mams, 3 Day's Rep. , 2. By whom is malice, or the want of probable cause, to be determined 1 The question of probable cause is a mixed question of law and fact. The jury are to say whether the circumstances relied on to show probable cause, really existed...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 29

Law reports, digests, etc - 1854
...it was a mixed question of law and fact which might properly be left to the jury. PARK, J. Whenever the question of probable cause is a mixed question of law and fact, it may properly be left to the jury. *201 *GrA8ELEE, J. The learned Chief Justice had a right...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 41

Oliver Lorenzo Barbour - Law reports, digests, etc - 1864
...trial as in the case at bar, and for the same reason. The chief justice further observes : "It is said the question of probable cause is a mixed question...fact material to the question was controverted, and there was nothing to leave to the jury.'' Now it will be seen that Cloon v. Gerry expressly affirms...
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