 | Alabama. Supreme Court - 1846 - 1104 str.
...establishment of this negative is an essential element in his case. But where the subject matter of the negative averment lies peculiarly within the knowledge...which the statutes do not permit to be done by any persons, except those who are duly licensed therefor. So where the negative allegation involves a charge... | |
 | Alabama. Supreme Court - 1895 - 830 str.
...v. Litsinger 45 Mo. App. 106; Cortier v. Troy Lutnhcr Co. 28 NE 932. 3. Where the subject matter of a negative averment lies peculiarly within the knowledge...party, the averment is taken as true, unless disproved bv that party. 1 Greenleaf on Ev. sec. 79. 4. Non-delivery or delivery in bad condition, by the last... | |
 | 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 - 1852 - 560 str.
...his Treatise on Evidence, vol. 1, sec. 79, states the rule to be, that " when the subject matter of a negative averment lies peculiarly within, the knowledge...is taken as true, unless disproved by that party;" and he adds, " such is the case in civil or criminal prosecutions for a penalty for doing an act which... | |
 | John Bouvier - 1854 - 788 str.
...When the subject matter of a negative averment lies peculiarly within the knowledge of the opposite party, the averment is taken as true, unless disproved by that party. (d) 4. When the negative allegation involves a charge of criminal neglect of duty, whether official... | |
 | Illinois. Supreme Court - 1908 - 708 str.
...by Greenleaf and approved by numerous decisions of this court is, that where the subject matter of a negative averment lies peculiarly within the knowledge...averment is taken as true unless disproved by that party. This rule is applied to both civil and criminal prosecutions for a penalty for doing an act which the... | |
 | Simon Greenleaf - 1866 - 756 str.
...was upon the party claiming under the will as an appointment.6 § 79. But where the subject-matter of a negative averment lies peculiarly within the knowledge...which the statutes do not permit to be done by any persons, except those who are duly licensed therefor ; as, for selling liquors, exercising a trade... | |
 | 1872 - 954 str.
...to it at the time, is no ground of error. — JIoguM v. Stale, 1M5. 189. When the subject-matter of a negative averment lies peculiarly within the knowledge of the other party, tho av>. nncnt is to be taken as true, unless disproved by tlut party. — Bowler v. State, 1515. 190.... | |
 | Nicholas St. John Green - 1879 - 838 str.
...upon this question. The principle settled by these decisions is, that where the subjectmatter of the negative averment lies peculiarly within the knowledge...averment is taken as true unless disproved by that party. The decisions assume that, if the appointment of agent for the sale of liquors exists, the respondent... | |
 | 1878 - 542 str.
...offer any testimony, the h'ling should be allowed, under the rule that " when the subject matter of a negative averment lies peculiarly within the knowledge...is taken as true unless disproved by that party." (Green on Evidence, par. 79.) In making returns of the moneys arising from the sale of said lands,... | |
 | Asa Iglehart - 1879 - 1048 str.
...a recovery; 3 and so in like cases. 4 § 41. Exceptions continued. But where the subject matter of a negative averment lies peculiarly within the knowledge of the other party, it is taken as true unless disproved. An instance of this sort is where a party is sued for a penalty... | |
| |
But when the subject matter of a negative averment lies peculiarly within the knowledge of the other party, the averment is taken as true unless disproved by that party. 
