 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.  The Northwestern Reporter - Page 2021894Full view - About this book
 | Great Britain. Court of King's Bench - 1800 - 444 pages
...maxim that all evidence is to be weighed according to the proof which it was in the power of one fide to have produced, and in the power of the other to have contradicted. But I think it would have been very improper to have called the fon ; for in fact it is an action againft... | |
 | Alabama. Supreme Court - 1881 - 784 pages
...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." — 1 Starkie, 866. Fraud will uot be presumed, but it may be proved by circumstances; and the circumstances... | |
 | Thomas Starkie - 1833 - 864 pages
...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 that a charge or claim is unfounded, the party against whom it is made... | |
 | 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...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, or by the appellant... | |
 | Georgia. Supreme Court - 1885 - 952 pages
...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 that a charge or claim is unfounded, the party against whom it is made has evidence... | |
 | United States. Circuit Court (3rd Circuit), John William Wallace - 1849 - 584 pages
...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...side to have produced, and in the power of the other side to have contradicted, we are of opinion that your verdict should be for the defendant. The Jury... | |
 | Connecticut. Supreme Court of Errors - 1896 - 690 pages
...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 weighed according to the...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. on Ev., § 1136. So... | |
 | 1928 - 1130 pages
...in its possession the facts which would have set all controversy at rest. "It is certainly a maxim that all evidence is to be weighed according to the...have produced, and in the power of the other to have contradietcd." Blateh v. Archer, Cowper 63, 65 ; Mammoth Oil Co. v. US, 275 US 13, 51, 48 S. Ct. 1,... | |
 | 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 have been much more satisfactory... | |
 | 1917 - 1226 pages
...quotes the following 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...the power of the other to have contradicted." The rule Is referred to In Wigmore on Evidence (vol. 1, i 285), and the learned author concludes the discussion... | |
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