 | 1912 - 1164 páginas
...of the commission of the offense, thereby imposing upon the defendant the burden of disproving the deduction which the law expressly directs to be made from particular facts. 35 Cyc. 1344. Our statute makes previous chaste character of the female who is seduced under promise... | |
 | Ohio. Circuit Court - 1914 - 644 páginas
...the jury should have been told what they were, instead of being allowed to speculate about them; for "a presumption is a deduction which the law expressly directs to be made from particular facts," irrespective of any process of reasoning therefrom by the jury. ' Not having been thus advised, the... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1914 - 724 páginas
...without an express direction of law to that effect. Section 795, L. 0. L., declares presumption to be a deduction which the law expressly directs to be made from particular facts. This would authorize such a definition. We find no prejudicial error in the instructions complained... | |
 | California - 1915 - 1528 páginas
...express direction of law to that effect. Hlxlorj i Enacted' March 11, 1872. §1959. PRESUMPTION DEFINED. A presumption is a deduction which the law expressly directs to be made from particular facts. HlHtoryi Enacted March 11, 1872. §1960. WHEN AN INFERENCE ARISES. An inference must be founded: 1.... | |
 | California - 1915 - 1356 páginas
...direction of law to that effect. Legislation § 1958. Enacted March 11, 1872. § 1959. Presumption defined. A presumption is a deduction which the law expressly directs to be made from particular facts. Legislation § 1959. Enacted March 11, 1872. § 1960. When an inference arises. An inference must be... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1915 - 718 páginas
...Actions — "Presumption"— Nature and Effect. 3. Under Section 795, LOL, defining a presumption as a deduction which the law expressly directs to be made from particular facts, and Section 93, naming presumptions as a species of evidence. the presumption in an action on an insurance... | |
 | 1918 - 1212 páginas
...This presumption is one of the two kinds of indirect evidence (section 793, LOL), and it is denned as "a deduction which the law expressly directs to be made from particular facts" (section 795, LOL). From the fact that a flre is caused by sparks emitted from an engine, the law directs... | |
 | Sir James Fitzjames Stephen - 1918 - 1032 páginas
...Ward v. Queen City Fire ins. Co., 69 Or. 347, 138 P. 1067. A presumption is by statute declared to be a deduction which the law expressly directs to be made from particular facts.— Ward v. Queen City Fire ins. Co., 69 Or. 347, 138 P. 1067. South Dakota. A presumption is not generally... | |
 | 1920 - 1148 páginas
...conveyed to a married woman is her separate property, and Code Civ. Proc. §§ 1959, 1961, declaring that a "presumption" is a deduction which the law...expressly directs to be made from particular facts, a husband asserting that property conveyed to his wife during marriage was community estate which she... | |
 | 1921 - 1212 páginas
...strict legal sense should be applied only to a presumption of law, and as such may be defined as the deduction which the law expressly directs to be made from particular facts, whereas "inference" is a deduction which may be made from any facts legally proved; the difference... | |
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An inference is a deduction which the reason of the jury makes from the facts proved, without an express direction of law to that effect. 1959. Presumption defined. A presumption is a deduction which the law expressly directs to be made from particular... 
