 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.  Atlantic Reporter - Seite 2911897Vollansicht - Über dieses Buch
 | 1895 - 1132 Seiten
...which regulates the introduction of evidence in all cases, whether civil or criminal, namely, that "whoever desires any court to give judgment as to...or nonexistence of facts which he asserts or denies to exist, must prove that these facts do or do not exist." Steph. Ev. art 93; Greenl. Ev. (14th Ed.)... | |
 | James Fitzjames Stephen - 1886 - 308 Seiten
...PRODUCTION AND EFFECT OF EVIDENCE. CHAPTER XIII.* BURDEN OF PROOF. ARTICLE 93.f HE WHO AFFIRMS MUST PROVE. WHOEVER desires any Court to give judgment as to any...legal right or liability dependent on the existence or non• existence of facts which he asserts or denies to exist, must prove that those facts do or do... | |
 | 1897 - 1164 Seiten
..."Whoever desires any court to give judgment to any legal right or liability dependent on the existence of facts which he asserts or denies, must prove .that those facts do or do not exist." 3. The court correctly allowed simple interest on the note. This was according to the agreement of... | |
 | Isaac Grant Thompson - 1887 - 1004 Seiten
...existence of such fact. In Stephen's Digest of the Law of 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.) 175. The test of the... | |
 | 1890 - 1290 Seiten
...his vendor. Mr. Stephens, in his Digest of the law of evidence, states in article 93, at page 152 : "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" With that rule before us, it may be observed... | |
 | Washington (State). Supreme Court, Eugene Genroy Kreider - 1893 - 914 Seiten
...authority is opposed to the Massachusetts rule. See Story on Promissory Notes, £ 181, cited above. Whoever desires any court to give 'judgment as to any legal right or liability dependent upon the existence or nonexistence of facts which he asserts, or denies to exist, must prove that those... | |
 | Frank Sumner Rice - 1894 - 1062 Seiten
...his innocence. /Stokes v. People, 53 NY 1C4, 13 Am. Dec. 492. § 266. Views of Sir James Stephen. — ""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. If the commission of a crime is directly... | |
 | Harry Clay Underhill - 1894 - 908 Seiten
...any 1 Anderson's Law Diet., citing People v. McCann, 16 NY 66; Willett v. Rich, 142 Mass. 357. 8 " 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." Stephen's Dig. Ev., art. 93. 'Lauer v. Kuder... | |
 | India - 1894 - 152 Seiten
...- . VPART HI -PRODUCTION UNI) EFFECT QFEVJDEXCE. v CHAPTER VII. — OP THE Bi'R^teN OF PROOF. 101. Whoever desires any Court to give judgment as to any...legal right or liability dependent on the existence of facts which »e asserts, must prove that those facts exist. When a person is bound to prove the... | |
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