 | Thomas Webster - 1844 - 1114 pages
...jury were to judge. We are clearly of a different opinion. The construction of all w"tten instruments belongs to the court alone, whose duty it is to construe all written instruments, as soon as the true meaning of the words in which they are couched, and the surrounding... | |
 | Herbert Broom - 1845 - 544 pages
...rasing or interlining was before the delivery («). Again, the construction of all written instruments belongs to the Court alone, whose duty it is to construe...soon as the true meaning of the words in which they arc couched, and the surrounding circumstances, if any, have been ascertained as facts by the jury... | |
 | William Johnson, New York (State). Supreme Court - 1849 - 866 pages
...this court again to interfere, and I think there can be but little doubt as to the duty of struments as soon as the true meaning of the words in which...if any, have been ascertained as facts by the jury ; (Welsh v. Dutar, 3 Binn. 337. Denison v. Wertz, 7 S. and R. 372. Roth v. Miller, 15 S. and R. 100.... | |
 | Herbert Broom - 1854 - 622 pages
...or interlining was before the delivery.4 Again, it is the duty of the Court to construe all written instruments, as soon as the true meaning of the words in which they are P*7Q1 couc"3e^) an(l tne surrounding circumstances, *if any, have *• been ascertained as facts by... | |
 | George Ticknor Curtis - 1854 - 718 pages
...jury were to judge. We are clearly of a different opinion. The construction of all written instruments belongs to the court alone, whose duty it is to construe all written instruments, as soon as the true meaning of the words in which they are couched, and the surrounding... | |
 | Joseph Chitty - 1855 - 1120 pages
...written instruments belong to the Court alone,1 whose duty it is to construe all such instruments, so soon as the true meaning of the words in which they...any, have been ascertained as facts by the jury ; and further, that it is the duty of tb,e jury to take the construction from the Court, either absolutely,... | |
 | Great Britain. Parliament. House of Lords, Charles Clark, William Finnelly - 1857 - 1044 pages
...novelty ; and even there it is said (e) that the power of the Court to construe instruments arises only " as soon as the true meaning of the words in which...any, have been ascertained as facts by the jury." The direction here disregarded that restriction. Where there is a claim made in respect of a combination... | |
 | Edmund Macrory - 1860 - 406 pages
...Neihon v. Harford it was laid down that " the duty of the Court to construe all such instruments arises as soon as the true meaning of the words in which...any, have been ascertained as facts by the jury." This was not so here, for one most material circumstance, the novelty of the invention, was totally... | |
 | 1862 - 590 pages
...the other side, the words of Parke, Â., are these — " The construction of all written instruments belongs to the court alone, whose duty it is to construe all such instrnments as soon as the true meaning of the words in which they are couched, and the surrounding... | |
 | 1863 - 716 pages
...are clearly of a different opinion. The con" struction of all written instruments is for the Court, whose duty " it is to construe all such instruments,...meaning of the words in which they are couched, and the sur" rounding circumstances, if any, have been found as facts by " the jury ; " and he proceeds to... | |
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The construction of all writtel1 contracts belongs to the court alone, whose duty it is to construe all such instruments, as soon as the true meaning of the words in which they are couched, and the surrounding circumstances, if any, have been ascertained... 
