 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 Southern Reporter - Sida 711914Obegränsad förhandsgranskning - Om den här boken
 | 1887 - 542 sidor
...to show the existence of such fact. In Stephens on Evidence the rule is stated to be that " whoever desires any court to give judgment as to any legal...exist, must prove that those facts do or do not exist." Steph. Ev. (Am. ed.) 17B. The test of the question before us then must be the former question, whether... | |
 | Joseph Goodeve - 1871 - 914 sidor
...PART III. PRODUCTION AND EFFECT OF EVIDENCE. CHAPTER VII. — OP THE BURDEN OF PROOF. 101. Whoever desires any Court to give judgment as to any legal right or liability dependent on the Burden of proof. " ° , „ , . , , existence or tacts which he asserts, must prove that those facts... | |
 | India - 1873 - 294 sidor
...PART III. PRODUCTION AND EFFECT OF EVIDENCE. CHAPTER VII. — OP THE BURDEN OF PROOF. 101. Whoever desires any Court to give judgment as to any legal right or liabilitv Burden of proof. , n , •> , , ° . ° c -, ." dependent on the existence ot tacts which... | |
 | George Edward Knox - 1877 - 636 sidor
...suitors to obtain a clear file at the end of the year condemned, (i*. 189). (a) The general rule is, that he who desires any Court to give judgment as...legal right or liability dependent on the existence of facts, must prove that those facts exist, and the burden of proof in any suit lies on that person... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1899 - 602 sidor
...the burden of proof was upon appellants. In 1 Enc. of Law, p. 95 (1st Edition), it is held: "Whoever desires any court to give judgment as to any legal right or liability dependent upon the existence or non-existence of facts which he asserts or denies to exist, must prove that those... | |
 | India - 1877 - 1088 sidor
...PRODUCTION AND EFFECT OP EVIDENCE. VII.— O/ the Burden of Proof. 101. Burden of proof . — Whoever desires any Court to give judgment as to any legal right or MabUity dependent on the existence of facts which he asserts, must prove that those facts exist. When... | |
 | Adams Sherman Hill - 1878 - 336 sidor
...courts of law, on this subject is embodied in the maxim that " he who affirms must prove." " Whoever desires any Court to give judgment as to any legal...exist, must prove that those facts do or do not exist." l " The burden of proof as to any particular fact lies on that person who wishes the Court to believe... | |
 | James Fitzjames Stephen - 1885 - 432 sidor
...EFFECT OF EVIDENCE. CHAPTER XIII.* BURDEN OF PROOF. ARTICLE 93^ HE WHO AFFIRMS MUST PROVE. WHOEVER desires any Court to give judgment as to any legal...exist, must prove that those facts do or do not exist. 1 ARTICLE 94.! PRESUMPTION OF INNOCENCE. If the commission of a crime is directly in issue in any proceeding,... | |
 | 1895 - 1132 sidor
...regulates the introduction of evidence in all cases, whether civil or criminal, namely, that "whoever desires any court to give judgment as to any legal...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.) § 34, and note a. Therefore,... | |
 | 1897 - 1148 sidor
...are, in legal effect, the rule expressed in article 03 of Stephens' Digest of Evidence, thus, "Whoever desires any court to give judgment as to any legal...or nonexistence of facts which he asserts or denies must prove that those facts do or do not exist." In the case under consideration the plaintiff establishes... | |
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