 | 1919 - 1054 páginas
...evidence.' said I/ml Mansfield in Blateh v. Archer, Cowper, 63. 65. 'is to be weighed according to tho proof which it was in the power of one side to have produced and In the power of the other side to have contradicted.' It would certainly have been much more satisfactory If the defendants,... | |
 | 1899 - 806 páginas
...proof tend to fix a liability on a party 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. 63, Go. It is said by Mr. Starkie, in his work... | |
 | William W. Potter - 1920 - 1074 páginas
...fact, and there is nothing else to turn the scales, the affirmative is not established.1 It is a maxim that all evidence is to be weighed according to the...was in the power of one side to have produced and the other to have contradicted.2 The testimony of witnesses on direct and cross-examination must be... | |
 | New York (State). Supreme Court. Appellate Division - 1921 - 1112 páginas
...given the inference most App. Div. 78] Second Department, March, 1921. favorable to the plaintiff. "All evidence is to be weighed according to the proof...side to have produced and in the power of the other side to have contradicted." (Kirby v. Tallmadge, 160 US 383, quoted from Lord MANSFIELD in Blatch v.... | |
 | United States - 1921 - 1060 páginas
...make his meaning certain. " 'All evidence,' said Lord Mansfield in Blatch v. Archer, Cowper, 63, 65, to be weighed according to the proof which it was...side to have produced and in the power of the other side to have contradicted.'" Kirby v. Tallmadge, 160 US 379, 383, 16 Sup. Ct. 349, 40 L. Ed. 463. A... | |
 | United States - 1921 - 952 páginas
...make his meaning certain. " 'All evidence,' said Lord Mansfield in Blatch v. Archer, Cowper. 63, 65, to be weighed according to the proof which it was...side to have produced and in the power of the other side to have contradicted.'" Kirby v. T.illmadge, 160 US 379, 383, 16 Sup. Ct. 349, 40 L. Ed. 463.... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1921 - 826 páginas
...in Blatch v. Archer, 1 Cowper, 63, 65, ' is to be weighed 1921.] Opinion, per CAUDOZO. J. [230 NT] according to the proof which it was in the power of...side to have produced and in the power of the other side to have contradicted ' "' (Kirby v. Tallmadge, 160 US 379, 383). A finding adverse to the making... | |
 | 1921 - 1042 páginas
...permitted the court to draw from the evidence already given the inference most favorable to the plaintiff. "All evidence Is to be weighed according to the proof which it was iu the power of one side to have produced, and in the power of the other side to have contradicted."... | |
 | 1922 - 1202 páginas
...an inference of fact and not a presumí ilion of law. The rule springs from Lord Mansfield's maxim that "all evidence Is to be weighed according to the...and In the power of the other to have contradicted." The salutary effect of this rule Is made apparent by the majority opinion, where It is said that the... | |
 | 1900 - 1020 páginas
...support, the inferences against him, and the jury is justified in acting upon that conclusion. 'lt is certainly a maxim,' said Lord Mansfield, 'that...side to have produced, and in the power of the. other side to have contradicted.' Blatch v. Archer, Cowp. 63, 65,"— citing, also, 1 Stark. Ev. p. 64. See,... | |
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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. 
