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" Conclusion of Law Upon the foregoing special findings of fact, which are made a part of the judgment herein, the court concludes that as a matter of law the plaintiff is not entitled to recover, and the petition is therefore dismissed. "
Cases Decided in the United States Court of Claims ... with Report of ... - Page 176
by United States. Court of Claims, Audrey Bernhardt - 1953
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 159

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1910 - 804 pages
...take the evidence just as the plaintiff gives it, and under that evidence I am bound to say to you that, as a matter of law, the plaintiff is not entitled to recover." The court further found that plaintiff was in the tipple 1909] SCHMIDT v. MICHIGAN COAL & MINING Co....
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 35

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1910 - 688 pages
...jury the following instruction : "The court charges you, gentlemen of the jury, that in this case, as a matter of law, the plaintiff is not entitled to recover, and you will therefore return, a verdict in favor of the defendant." In their brief, counsel for appellant...
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Reports of Cases Decided in the Appellate Courts of the State of ..., Volume 27

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1889 - 704 pages
...law in that State determines whether the plaintiff has a right of action against the defendant, and that, as a matter of law, the plaintiff is not entitled to recover, if you believe from the evidence in this case that the plaintiff was guilty of any negligence that...
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Reports of Cases Decided in the Appellate Courts of the State of ..., Volume 47

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1894 - 720 pages
...possession of the said premises prior to the latter part of July, or the first day of August, 1889, then as a matter of law, the plaintiff is not entitled to recover any damages against the defendant for holding possession of said premises for the time prior to the...
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The New York Supplement, Volume 52

1898 - 1264 pages
...defendant to conceive, become a mother, or to enter into the marriage state": and because of these facts the court concludes that as a matter 'of law the "plaintiff is entitled to a decree annulling the marriage between the plaintiff and the defendant, freeing each of...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - 1938 - 824 pages
...question of compensation.8 On defendant's motion, the court amended its conclusion of law to read: "Upon the foregoing special findings of fact, which...are made a part of the judgment herein, the court decides as a conclusion of law that the plaintiff's patent is valid and has been infringed by the United...
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The Pacific Reporter, Volume 100

1909 - 1164 pages
...the jury the following instruction: "The court charges you, gentlemen of the jury, that in this case, as a matter of law, the plaintiff is not entitled to recover, and you will therefore return a verdict in favor of the defendant." In their brief, counsel for appellant...
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The New York Supplement, Volume 120

1910 - 1302 pages
...the Municipal Court act, but only where, at the close of the whole case, the court is of the opinion that, as a matter of law, the plaintiff is not entitled to recover. A dismissal without prejudice was clearly what was required in the present case, and not a final order...
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Massachusetts Reports: Cases Argued and Determined in the ..., Volume 237

Massachusetts. Supreme Judicial Court - 1922 - 804 pages
...the opinion. At the close of the evidence, the defendant asked for the following rulings: -•« "1. As a matter of law the plaintiff is not entitled to recover. "2. As a matter of law the plaintiff has proved no false representations for which an action in deceit...
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Reports of the Supreme court of Canada, Volume 6

Canada law reports - 794 pages
...received any personal injury whatsoever, BO that, without disregarding the answers of the jury 1879 that, as a matter of law, the plaintiff is not entitled to recover. The basis of Moore 't contract with the company was that each and every one of his answers to CONNECT™-...
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