 | Thomas Starkie - Evidence (Law) - 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 - Law reports, digests, etc - 1881 - 768 pages
...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 - Equity - 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 - Court rules - 1849 - 584 pages
...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 - Law reports, digests, etc - 1896 - 690 pages
...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.... | |
 | Law reports, digests, etc - 1900 - 2044 pages
...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.... | |
 | Law reports, digests, etc - 1928 - 1130 pages
...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 - Law reports, digests, etc - 1896 - 1242 pages
...so as a 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...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... | |
 | Law reports, digests, etc - 1917 - 1226 pages
...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... | |
 | Law reports, digests, etc - 1921 - 958 pages
...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. 
