 | Great Britain. Court of King's Bench - 1800 - 444 páginas
...have cleared up the doubt, ought to have been fubpcenaed by the plaintiff. It is certainly a maxim that all evidence is to be weighed according to the proof which it was in the power of one fide to have produced, and in the power of the other to have contradicted. But I think it would have... | |
 | Alabama. Supreme Court - 1881 - 784 páginas
...weight of evidence. It is to be weighed according to the proof which it was in the power of one party to have produced, and in the power of the other to have contradicted." — 1 Starkie, 866. Fraud will uot be presumed, but it may be proved by circumstances; and the circumstances... | |
 | Thomas Starkie - 1833 - 864 páginas
...possess the means, supplies a most important test for judging of the comparative weight of evidence. It is to be weighed according to the proof which it was in the power of one party to have produced, and in the power of the other to have contradicted (a). If, on the supposition... | |
 | Alabama. Supreme Court - 1881 - 768 páginas
...the means of showing it clearly. The burden of proof was upon him ; and the maxim; must be applied, that all evidence is to be weighed according to the...and in the power of the other to have contradicted. Whether the note and mortgage could not be enforced by the assignor of the appellant, or by the appellant... | |
 | Georgia. Supreme Court - 1885 - 952 páginas
...possesses the means, supplies a most important test for judging of the comparative weight of evidence. It is to be weighed according to the proof which it was in the power of one party to have produced, and in the power of the other to have contradicted. If, on the supposition... | |
 | United States. Circuit Court (3rd Circuit), John William Wallace - 1849 - 584 páginas
...filling up, may naturally have crumbled away in the lapse of a century. And it having passed into maxim, that all evidence is to be weighed according to the...side to have produced, and in the power of the other side to have contradicted, we are of opinion that your verdict should be for the defendant. The Jury... | |
 | Connecticut. Supreme Court of Errors - 1896 - 690 páginas
...was the man. In Blatch v. Archer, 1 Cowper, 63-65, LORD MANSFIELD said : " It is certainly a maxim that all evidence is to be weighed according to the...and in the power of the other to have contradicted." McDonough v. O'Niel, 113 Mass., 92 ; Simes v. Rockwell, 156 id., 372 ; 2 Whar. on Ev., § 1136. So... | |
 | Simon Greenleaf - 1854 - 784 páginas
...of their sufficiency being best known to the defendant, who took them ; 7 and it is a legal maxim, that all evidence is to be weighed according to the proof which it is in the power of one side to produce, and in the power of the other to contradict.8 To establish... | |
 | 1900 - 2044 páginas
...proof tend to fix a liability on a pavty who has it in his power to offer evidence of all the facts as they existed, and rebut the inferences which the circumstances...side to have produced, and in the power of the other side to have contradicted.' Blatch v. Archer, Cowp. 03, 05,"— citing, also, 1 Stark. Ev. p. 54. See,... | |
 | 1928 - 1130 páginas
...<§==>584( I)— Evidence must be weighed according to proof in power of parties to produce and contradict. All evidence is to be weighed according to the proof which it was in the power of one side to produce and in the power of the other to contradict. 8. Evidence @=75 — Court may conclude that rebuttal... | |
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It is certainly a maxim,' said Lord Mansfield, '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 side to have contradicted. 
