feigned issue
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 78 U.S. 610 - Dunphy v. Kleinsmith · 1870Most cited · 41 citing opinions
If he refers any questions of fact to a jury, as he may do by a feigned issue, he is still to be satisfied in his own conscience that the finding is correct, and the decree must be made as the result of his own judgment, aided, it is true, by the finding of the jury.
How often courts cite the cases defining “feigned issue”
Court decisions citing the 2 opinions that defined “feigned issue” — 71 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1849–1870
- ORIGINAL
Fraud is often, as here, a mixed question of law and fact. And it might be very useful to have the views of a jury on it, taking care to instruct them concerning the law, and leaving to their exclusive consideration, as was probably done here, merely the facts as connected with that law. Such feigned issues are not for the assistance of parties so much as of the court... if such an issue be one of mere law, or idle, or impertinent, it is erroneous.
chancery