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" Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. "
The Atlantic Reporter - Seite 291
1897
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Band 34

1887
...such party to show the existence of such fact. In Stephens on Evidence the rule is stated to be that " whoever desires any court to give judgment as to any...non-existence of facts which he asserts or denies to exist, must prove that those facts do or do not exist." Steph. Ev. (Am. ed.) 17B. The test of the...
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Law of Evidence as Administered in England and Applied to India

Joseph Goodeve - 1871 - 702 Seiten
...p. 400. PART III. PRODUCTION AND EFFECT OF EVIDENCE. CHAPTER VII. — OP THE BURDEN OF PROOF. 101. Whoever desires any Court to give judgment as to any legal right or liability dependent on the Burden of proof. " ° , „ , . , , existence or tacts which he asserts, must prove that those facts...
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The Indian Evidence Act, No. 1 of 1872: As Amended by Act XVIII of 1872 ...

India - 1873 - 210 Seiten
...apply.] PART III. PRODUCTION AND EFFECT OF EVIDENCE. CHAPTER VII. — OP THE BURDEN OF PROOF. 101. Whoever desires any Court to give judgment as to any legal right or liabilitv Burden of proof. , n , •> , , ° . ° c -, ." dependent on the existence ot tacts which...
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A Digest of Civil Procedure Prevalent in British India, Band 1

George Edward Knox - 1877
...obtain a clear file at the end of the year condemned, (i*. 189). (a) The general rule is, that he who desires any Court to give judgment as to any legal right or liability dependent on the existence of facts, must prove that those facts exist, and the burden of proof in any suit lies on that person...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Band 18

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1899
...holding that the burden of proof was upon appellants. In 1 Enc. of Law, p. 95 (1st Edition), it is held: "Whoever desires any court to give judgment as to any legal right or liability dependent upon the existence or non-existence of facts which he asserts or denies to exist, must prove that those...
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Indian Criminal Law and Procedure: Including the Procedure in the High ...

India - 1877 - 1037 Seiten
...III. — PRODUCTION AND EFFECT OP EVIDENCE. VII.— O/ the Burden of Proof. 101. Burden of proof . — Whoever desires any Court to give judgment as to any legal right or MabUity dependent on the existence of facts which he asserts, must prove that those facts exist. When...
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Principles of Rhetoric ...

Adams Sherman Hill - 1878
...rule, in courts of law, on this subject is embodied in the maxim that " he who affirms must prove." " Whoever desires any Court to give judgment as to any...non-existence of facts which he asserts or denies to exist, must prove that those facts do or do not exist." l " The burden of proof as to any particular...
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The Principles of Rhetoric and Their Application

Adams Sherman Hill - 1878 - 317 Seiten
...rule, in courts of law, on this subject is embodied in the maxim that " he who affirms must prove." " Whoever desires any Court to give judgment as to any...non-existence of facts which he asserts or denies to exist, must prove that those facts do or do not exist.'' l " The burden of proof as to any particular...
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The Bengal Regulationa, the Acts of the Governor-general in Council ..., Band 2

Punjab (India) - 1883
...of wills. PART III. PRODUCTION AND EFFECT OF EVIDENCE. CHAPTER VII. — OF THE BURDEN OF PROOF. 101. Whoever desires any Court to give judgment as to any legal right I rd i of ro f or ^b^ity dependent on the existence of facts which ''''"''' he asserts, must prove...
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The Northeastern Reporter, Band 7

1886
...such party to show the existence of such fact. In Stephens on Evidence the rule is stated to be that "whoever desires any court to give judgment as to...non-existence of facts which he asserts or denies to exist, must prove that those facts do or do not exist." Steph. Ev. (Amer. Ed.) 175. The test of...
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