 | United States. Supreme Court, William Cranch - Law reports, digests, etc - 1812 - 516 pages
...admits the truth of the testimony to which he demurs, * 222 *and also those conclusions of fact which a jury may fairly draw from that testimony. Forced and...jury might justifiably draw the court ought to draw. The bond, upon its face, purports to be delivered Pawling absolutely ; and it is not to be doubted... | |
 | Samuel March Phillipps - Evidence (Law) - 1816 - 748 pages
...demurring admits the truth of the testimony to which he demurs, and also those conclusions of fact which a jury may fairly draw from that testimony. Forced and...might justifiably draw, the court ought to draw." In Patrick v. Hallelt if Bowne, 1 Johns. Rep. 241., Livmgston, J. says; — "If there were any evidence,... | |
 | Jacob D. Wheeler - Common law - 1835 - 632 pages
...which he decourt oujriii D . . ; . <--i lodr.uv. inurs; and also those conclusions of fact which a jury may fairly draw from that testimony. Forced and...strongly against him, and such conclusions as a jury must justifiably draw, the court ought to draw. 2. HUMPHREY'S ADM'R. v. WEST'S ADM'R. Nov. T. 1825.... | |
 | Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - Law - 1846 - 720 pages
...SC 0 On a demurrer to evidence, the testimony is to be taken most strongly against him who demurs; and such conclusions as a jury might justifiably draw, the court ought to draw. Pawling etal. v. The United States, 4 Cranch,219. The demurrer to evidence should state the facts of the case... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1864 - 754 pages
...the truth of the testimony to which he demurs, *and also those con- [ *222 ] elusions of fact which a jury may fairly draw from that testimony. Forced and...justifiably draw the court ought to draw. Pawling v. The United Stated. 4 C. The point in issue between the parties was the delivery of the instrument... | |
 | Robert D. Handy, John H. Handy - Law reports, digests, etc - 1855 - 638 pages
...demurring admits the truth of the testimony to which he demurs, and also those conclusions of fact which a jury may fairly draw from that testimony. Forced and...might justifiably draw, the Court ought to draw." So in the case of the Bank of the United States vs. Smith, 11 Wheaton 171, it is said : "By this demurrer... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1857 - 650 pages
...admits the truth of the testimony to which he demurs, and also those conclusions of fact which • jury may fairly draw from that testimony. Forced and...does not admit. but the testimony is to be taken most stron^ii against him, and such conclusions as a jury might justifiably draw the Court ought to draw."... | |
 | Richard Peters - Law reports, digests, etc - 1860 - 792 pages
...422. Upon a demurrer to evidence, the testimony is to be taken most strongly against him who demurs; and such conclusions as a jury might justifiably draw, the court ought to draw. Pawling et al. v. The Uniled States, 4 Cranch, 219; 2 Cond. Rep. 92. Demurrer. 423. It is a known rule that a demurrer... | |
 | United States. Supreme Court - Law reports, digests, etc - 1876 - 696 pages
...demurring admits the truth of the testimony to which he demurs, and also those conclusions of fact which a jury may fairly draw from that testimony. Forced and...jury might justifiably draw the court ought to draw." It is the duty of a court in its relation to the jury to protect parties from unjust verdicts arising... | |
 | United States. Supreme Court - Law reports, digests, etc - 1876 - 696 pages
...demurring admits the truth of the testimony to which he demurs, and also those conclusions of fact which a jury may fairly draw from that testimony. Forced and violent inferences he docs not admit, but the testimony is to be taken most strongly against him, and such conclusions as... | |
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The party demurring admits the truth of the testimony to which he demurs, and also those conclusions of fact which a jury may fairly draw from that testimony. Forced and violent inferences he does not admit, but the testimony is to be taken most strongly... 
