 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
 | William John Tossell - 1912 - 940 Seiten
...Law of Ev. 175, Art. 93, states the law as follows : "Burden of proof." "He who affirms must prove." "Whoever desires any court to give judgment as to...or nonexistence of facts which he asserts or denies to exist, must prove that those facts do or do not exist." See to the same effect, 1 Phillips, Evidence... | |
 | Burr W. Jones - 1896 - 718 Seiten
...proposition, but that the burden of proving any given claim or defense rests upon the one who asserts it.2 "Whoever desires any court to give judgment as to...or nonexistence of facts which he asserts or denies to exist, must prove that those facts do or do not exist. " 3 But perhaps the controversy is of little... | |
 | India, Tarapada Banerji - 1896 - 738 Seiten
...principles which regulate the burden of proof are laid down in sees. 101 — 106. Sec. 101 asserts that 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 next section supplies a test for the... | |
 | India - 1898 - 600 Seiten
...relating to wills. PART III. PRODUCTION AND EFFECT OF EVIDENCE. CHAPTER VII. OF THE BURDEN op PKOOP. 101. Whoever desires any Court to give judgment as to any legal right or Burden of liability dependent -on the existence of facts which he asserts must prove that proofthose... | |
 | Ohio. Circuit Court - 1904 - 658 Seiten
...show the existence of such fact. In Stephen 's Digest of the Law of Evidence, the rule is stated to be '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'." Again the... | |
 | 1904 - 1060 Seiten
...given claim or defense rests upon the one who asserts it. Whoever desires any court to give judgmeut as to any legal right or liability dependent on the...or nonexistence of facts which he asserts or denies to exist must prove that those facts do or do not exist." Id. "The burden is upon him who assorts the... | |
 | 1904 - 1144 Seiten
...other instances. "The burden of proving any given claim or defense rests upon the one who asserts it. Whoever desires any court to give judgment as to any...legal right or liability dependent on the existence or uonexistence of facts which he asserts or denies to exist must prove that those facts do or do not... | |
 | John Dawson Mayne - 1904 - 1186 Seiten
...the general principle, equally applicable to a suit for ejectment and to a trial for murder, that " 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 rule merely means, that a person... | |
 | 1904 - 1082 Seiten
...paper. Marshall v. Hancock (1889) 80 Cal. 82, 22 Рас. 61. 190 ï. MARYLAND COURT OF APPEALS. Jl'.VE, to any legal right or liability dependent on the existence or nonexistence of facts which he assorts or denies to exist must prove that those facts do or do not exist." Mr. Reynolds, in his excellent... | |
 | Thomas Johnson Michie - 1907 - 988 Seiten
...676. "The burden of proving any given claim or defense rests upon the one who asserts it. Whosoever desires any court to give judgment as to any legal...or nonexistence of facts which he asserts or denies to exist, must prove that those facts do or do not exist." 1 Jones on Ev., § 178. "Tht burden is upon... | |
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