 | Great Britain. Court of King's Bench - 1800 - 444 Seiten
...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... | |
 | Thomas Starkie - 1833 - 864 Seiten
...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 Seiten
...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...side to have produced, 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,... | |
 | Georgia. Supreme Court - 1885 - 952 Seiten
...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 Seiten
...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...the power of the other side to have contradicted, we are of opinion that your verdict should be for the defendant. The Jury were about to give their... | |
 | Connecticut. Supreme Court of Errors - 1896 - 690 Seiten
...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...side to have produced, 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.... | |
 | Simon Greenleaf - 1854 - 784 Seiten
...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 Seiten
...would support, the inferences against him, and the jury is justified In acting upon that conclusion. 'It is certainly a maxim,' said Lord Mansfield, 'that...side to have contradicted.' Blatch v. Archer, Cowp. 03, 05,"— citing, also, 1 Stark. Ev. p. 54. See, also, Clifton v. US, 4 How. 242; Frick v. Barbour,... | |
 | 1928 - 1130 Seiten
...<§==>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... | |
 | United States. Supreme Court - 1896 - 1242 Seiten
...proper subject of comment "All evidence," said Lord Mansfield in Blatch v. Archer, 1 Oowp. 63, 65. "is to be weighed according to the proof which It was in the power of one side to have produced, and to the power of the other side to have contradicted." It would certainly have been much more satisfactory... | |
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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. 
