Does a defendant have the right to have questions of fact propounded to a jury for determination?
MultiRegion, United States of America
The following excerpt is from Pacific Coal & Transportation Co. v. Pioneer Mining Co., 205 F. 577 (9th Cir. 1913):
As to the right of defendants to have certain questions of fact propounded to a jury for determination, the cause being equitable, that was a matter submitted to the sound discretion of the trial court, and its judgment in the premises can only be reviewed for an abuse of that discretion. Raymond v. Flavel, 27 Or. 219, 40 P. 158. We find no abuse of the court's discretion as to the question urged, and hence there was no error.
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