 | Alabama. Supreme Court - Law reports, digests, etc - 1846 - 1104 pages
...establishment of this negative is an essential element in his case. But where the subject matter of the negative averment lies peculiarly within the knowledge...is taken as true, unless disproved by that party. Such is the case in civil or criminal prosecutions for a penalty for doing an act which the statutes... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1895 - 830 pages
...Co. 43 La. Annual 699; Warner v. Litsinger 45 Mo. App. 106; Cortier v. Troy Lutnhcr Co. 28 NE 932. 3. Where the subject matter of a negative averment lies...party, the averment is taken as true, unless disproved bv that party. 1 Greenleaf on Ev. sec. 79. 4. Non-delivery or delivery in bad condition, by the last... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1852 - 560 pages
...and Mr. Greeuleaf, in his Treatise on Evidence, vol. 1, sec. 79, states the rule to be, that " when the subject matter of a negative averment lies peculiarly...is taken as true, unless disproved by that party;" and he adds, " such is the case in civil or criminal prosecutions for a penalty for doing an act which... | |
 | John Bouvier - Law - 1854 - 788 pages
...When the subject matter of a negative averment lies peculiarly within the knowledge of the opposite party, the averment is taken as true, unless disproved by that party. (d) 4. When the negative allegation involves a charge of criminal neglect of duty, whether official... | |
 | Simon Greenleaf - Evidence (Law) - 1866 - 756 pages
...was upon the party claiming under the will as an appointment.6 § 79. But where the subject-matter of a negative averment lies peculiarly within the...is taken as true, unless disproved by that party. Such is the case in civil or criminal prosecutions for a penalty for doing an act which the statutes... | |
 | Criminal law - 1872 - 954 pages
...made to it at the time, is no ground of error. — JIoguM v. Stale, 1M5. 189. When the subject-matter of a negative averment lies peculiarly within the knowledge of the other party, tho av>. nncnt is to be taken as true, unless disproved by tlut party. — Bowler v. State, 1515. 190.... | |
 | Nicholas St. John Green - Criminal law - 1879 - 838 pages
...upon this question. The principle settled by these decisions is, that where the subjectmatter of the negative averment lies peculiarly within the knowledge...averment is taken as true unless disproved by that party. The decisions assume that, if the appointment of agent for the sale of liquors exists, the respondent... | |
 | Electronic journals - 1878 - 542 pages
...refuse to appear and offer any testimony, the h'ling should be allowed, under the rule that " when the subject matter of a negative averment lies peculiarly...is taken as true unless disproved by that party." (Green on Evidence, par. 79.) In making returns of the moneys arising from the sale of said lands,... | |
 | Asa Iglehart - Civil procedure - 1879 - 1048 pages
...prove the allegation in order to a recovery; 3 and so in like cases. 4 § 41. Exceptions continued. But where the subject matter of a negative averment lies...peculiarly within the knowledge of the other party, it is taken as true unless disproved. An instance of this sort is where a party is sued for a penalty... | |
 | Michigan. Supreme Court - Law reports, digests, etc - 1880 - 696 pages
...rules bearing on the point, one of which is cited by Judge Wing in the above opinion, viz.: that when the subject matter of a negative averment lies peculiarly...is taken as true, unless disproved by that party, and he cites Judge GreenleaPs application of the rule to a criminal prosecution for selling liquors... | |
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But when the subject matter of a negative averment lies peculiarly within the knowledge of the other party, the averment is taken as true unless disproved by that party. 
