 | Thomas Starkie - 1833 - 864 pages
...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 pages
...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 proof which it was in the power of one side to have produced, and in the power of the other to have contradicted. Whether the note and mortgage... | |
 | Georgia. Supreme Court - 1885 - 952 pages
...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 pages
...the 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 proof which it was in the power of one side to have produced, and in the power of the other side to have contradicted, we are of opinion that... | |
 | Connecticut. Supreme Court of Errors - 1896 - 690 pages
...warranted in finding that he 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...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." McDonough v. O'Niel, 113... | |
 | Simon Greenleaf - 1854 - 784 pages
...the fact 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... | |
 | 1928 - 1130 pages
...from the company which had in its possession the facts which would have set all controversy at rest. "It is certainly a maxim that all evidence is to be...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 contradietcd." Blateh v. Archer, Cowper... | |
 | United States. Supreme Court - 1896 - 1242 pages
...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... | |
 | 1917 - 1226 pages
...unfavorable." And the author quotes the following remark of Lord Mansfield In Blatch v. Archer, Cowp. 66: "It is certainly a maxim that all evidence is to be...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." The rule Is referred to... | |
 | 1921 - 958 pages
...was in Tetreault v. 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 in the power of one side to have produced, and in the power of the other side to have couteedicted; and the holding back... | |
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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. 
