by John Marshall Harlan, Rucker v. Wheeler — Opinion of the Court
“ We perceive no error in the court's charge to the jury upon the cause of action set out in the first count of the complaint, namely, as to whether any such agreement as that alleged was ever made between the plaintiff and the defendant. ”
by John Marshall Harlan, Rucker v. Wheeler — Opinion of the Court
“ It is no longer an open question that a judge of a court of the United States, in submitting a case to the jury, may, in his discretion, express his opinion upon the facts; and that 'when no rule of law is incorrectly stated, and all matters of fact are ultimately submitted to the determination of the jury,' such expression of opinion is not reviewable on writ of error. ”
by John Marshall Harlan, Rucker v. Wheeler — Opinion of the Court
“ That the plaintiff did rely upon that agreement is perfectly clear, not only from the complaint, but from his second request for instructions, as follows: ' (2) The court is asked to instruct the jury that if they believe from the evidence that the lease of a portion of the lode, though made nominally to Nevitt, was in fact owned by Mr. Henry Webber, and that the same Webber sold and conveyed a one-twelfth interest to the plaintiff after the making and delivery of the lease ”
