 | Thomas Starkie - 1833 - 864 sider
...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 sider
...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 proof which it was...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 sider
...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 sider
...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 proof which it was...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 sider
...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 proof which it was...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.... | |
 | 1900 - 2044 sider
...In acting upon that conclusion. 'It is certainly a maxim,' said Lord Mansfield, 'that all evidence is to be weighed according to the proof which It was...the power of the other side to have contradicted.' Blatch v. Archer, Cowp. 03, 05,"— citing, also, 1 Stark. Ev. p. 54. See, also, Clifton v. US, 4 How.... | |
 | 1928 - 1130 sider
...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 sider
...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... | |
 | 1917 - 1226 sider
...remark of Lord Mansfield In Blatch v. Archer, Cowp. 66: "It is certainly a maxim that all evidence is to be weighed according to the proof which it was...side to have produced and in the power of the other to have contradicted." The rule Is referred to In Wigmore on Evidence (vol. 1, i 285), and the learned... | |
 | 1921 - 958 sider
...Connecticut Co., 81 Conn., where on page 558, 71 Atl. 787, it is said : ' 'It is a maxim that all evidence is to be weighed according to the proof which it was...produced, and in the power of the other side to have couteedicted; and the holding back of evidence by him is a presumption of fact against the party who... | |
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It Is certainly a maxim 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 to have contradicted. 
