 | Massachusetts, William Charles White - Law - 1810 - 202 pages
...of probable cause is a mixed proposition of law and fact. Whether the circumstances, alleged to shew it probable or not probable, are true and existed,...supposing them true, they amount to a probable cause, is » question of law. Per Lord Mansfield, CJ and Lord LoughIsorough, CJ in Button v. Johnstone, 1 TR... | |
 | William Selwyn - Nisi prius - 1812 - 732 pages
...of probable cause is a mixed proposition of law and fact. Whether the circumstances alleged to shew it probable or not probable are true, and existed,...; but whether, supposing them true, they amount to H probable cause, is a question of law." Per Lord Mansfield CJ and Lord Loughborough CJ in Sutton v.... | |
 | Samuel March Phillipps - Evidence (Law) - 1823 - 554 pages
...case is he liable to this kind of action.(l) The question of probable cause is a mixed proposition of law and fact. Whether the circumstances, alleged...they amount to a probable cause, is a question of law.(2)(o) Some proof of the prosecution having been instituted without probable cause is essentially... | |
 | Great Britain. Court of King's Bench, James Dowling, Archer Ryland - Law reports, digests, etc - 1825 - 888 pages
...of probable cause is a mixed proposition of law and fact. Whether the circumstances, alleged to shew it probable or not probable, are true and existed,...matter of fact; but whether, supposing them true, (and of course the proposition holds good when the circumstances are proved to be true,) they amount... | |
 | Thomas Starkie - Libel and slander - 1830 - 688 pages
...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....alleged to show it probable or not probable are true and exexisted is a matter of fact ; whether, supposing them to be true, they amount to a probable cause,... | |
 | Charles Petersdorff - Law - 1831 - 598 pages
...ed either by question of probable causo is a mixed proposition of law and fact. Whether direct evi the circumstances alleged to show it probable, or not probable, are true and dence, or existej) ¡3 a mat,er of fnct; but whether, supposing them true, they amount from^otal to... | |
 | Vermont. Supreme Court - Law reports, digests, etc - 1833 - 660 pages
...of law and fact. Whether the circumstances relied on to show the cause for prosecuting to have been probable, or not probable, are true and existed, is a matter of fact for the jury to find ; but whether, supposing them true, they amount to a probable cause, is a question... | |
 | Ireland. Court of King's Bench - Law reports, digests, etc - 1840 - 448 pages
...justified in arresting on a reasonable ground of suspicion ; but what constitutes such a ground is a mixed question of law and fact: whether the circumstances alleged to shew it probable, or not probable, are true and existed, is a matter of fact ; but whether, supposing... | |
 | Equity - 1840 - 438 pages
...justified in arresting on a reasonable ground of suspicion ; but what constitutes such a ground is a mixed question of law and fact: whether the circumstances alleged to shew it probable, or nut probable, are true and existed, is a matter of fact; but whether, supposing... | |
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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... 
