...Baker, 10 Johns. 270. And where the original tenant has quit, and another has taken possession, it 'will be presumed, in the absence of any evidence to the contrary, that the latter has come in as assignee of the former, though he has never paid rent; and notice served...

...plaintiff and his family. Held, that as the suit was for an injunction and also for damages, it would be presumed, in the absence of any evidence to the contrary, that the facts nnalleged were applied by the judge to the matter of the injunction, and were not considered...

...of this character is known to the customer before the contract for transportation is made, it is to be presumed, in the absence of any evidence to the contrary, that the parties contracted with reference to it (Miller v. Mansfield, supra), and it is operative whether...

...have been killed at a point where the road is required to be fenced, and where it is not fenced, it will be presumed, in the absence of any evidence to the contrary, that the damages were occasioned by a failure of the railroad to fence its track. The evidence here is that...

...divisions, which are sold under foreclosure separately and at different times to different purchasers, it will be presumed in the absence of any evidence to the contrary, that the court below correctly distributed charges for supplies furnished, among the different divisions...

...caption or vernie to the certificate of acknowledgment is, "State of Kansas, Jackson county — ss.," it will be presumed, in the absence of any evidence to the contrary, that snch acknowledgment was actually taken by a justice of the peace of .Inckson county, within the state,...

...produced, and it is not satisfactorily accounted for. It is perfectly consistent with probability, and must be presumed, in the absence of any evidence to the contrary, that this pottah was in conformity with the records of the Inam Commission, and was a grant of these villages...

...instrument not in writing and not signed is not a will. When the testator called the paper his will, it will be presumed, in the absence of any evidence to the contrary, that he had signed it, inasmuch as a signature was necessary to justify him in calling it a will. Included...

...Where an order for publication was made by the Probate Court on the tiling of a petition for dower, it will be presumed, in the absence of any evidence to the contrary, that the publication was made. Randolph r. Doss, 3 How. (Miss.) 205. 1. In Alabama the statute provided...

...principal and of sureties, but is incomplete on its face, because not executed by the principal, It will be presumed, In the absence of any evidence to the contrary, that the sureties never intended to be bound without the execution of the bond by their principal, and hence...