The Law of Presumptive Evidence: (including Presumptions Both of Law and of Fact, and the Burden of Proof Both in Civil and Criminal Cases,) Reduced to RulesCentral law journal Company, 1899 - Počet stran: 710 Endeavors to present the topic of Presumptive Evidence (and incidentally the Burden of Proof), as follows, viz: 1. A series of rules and sub-rules. 2. A series of illustrations under each rule. 3. A discussion or commentary upon the rule and upon the particular illustration, showing the reasons for the rules themselves, and the grounds upon which the courts have proceeded in giving particular applications to them. |
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accused action admissible alleged appears authority Balt Bank bill Brown burden charged child circumstances claim Clark common law Conn contract contrary court court of equity crime criminal Davis death debt deed defendant dence duty evidence execution existence facie fact favor fraud guilt heard held husband indicted indorsed inference intent Iowa Jackson Johnson Jones judge judgment jurisdiction jury land lapse law presumes legal presumption Lord Ellenborough marriage ment Miller murder N. E. Rep negligence officer party person plaintiff possession presumption arises presumption of death presumption of innocence presumption of law presumption of payment prima facie produced promissory note proof proved question raises a presumption reason rebut refusal rule seven sexual intercourse shown Smith statute SUB-RULE sumed sumption testify Thompson tion trial Van Aernam wife witness
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Strana 255 - Legislature, by this proviso, sanctions a presumption that a person who has not been heard of for seven years is dead; but...
Strana 77 - If officers of the corporation openly exercise a power which presupposes a delegated authority for the purpose, and other corporate acts show that the corporation must have contemplated the legal existence of such authority, the acts of such officers will be deemed rightful, and the delegated authority will be presumed.
Strana 30 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Strana 649 - In a very recent case, it was held by the Court of Appeals of New York, that a...
Strana 195 - ... under heavy suspicions, or there be a vehement presumption of bad faith, or gross prevarication, it is made the ground of a denial of further proof, and condemnation ensues from defects in the evidence which the party is not permitted to supply.
Strana 119 - It is certainly true, that length of time is no bar to a trust clearly established; and in a case where fraud is imputed and proved, length of 498*] time ought not "upon principles of eternal justice, to be admitted to repel relief. On the contrary, it would seem that the length of time, during which the fraud has been successfully concealed and practised, is rather an aggravation of the olfcnse, and calls more loudly upon a court of equity to grant ample and decisive relief.
Strana 6 - There is no presumption in this country that every person knows the law; it would be contrary to common sense and reason, if it were so.
Strana 77 - By the general rules of evidence presumptions are continually made in cases of private persons, of acts even of the most solemn nature, when those acts are the natural result or necessary accompaniment of other circumstances. In aid of this salutary principle the law itself, for the purpose of strengthening the infirmity of evidence and upholding transactions intimately connected with the public peace and the security of private property, indulges its own presumptions.
Strana 153 - It Is certainly a maxim that all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other to have contradicted.
Strana 650 - It may be conceded, for all the purposes of this appeal, that a law that should make evidence conclusive which was not so necessarily in and of itself, and thus preclude the adverse party from showing the truth, would be void, as indirectly working a confiscation of property or a destruction of vested rights.