...most favorable to the plaintiff. "All evidence Is to be weighed according to the proof which it was iu the power of one side to have produced, and in the power of the other side to have contradicted." Kirby v. Tallmadge, ICO US at page 383, 1C Sup. Ct 349, 40 L. Ed. 4C3,...

...an inference of fact and not a presumí ilion of law. The rule springs from Lord Mansfield's maxim that "all evidence Is to be weighed according to the...the power of the other to have contradicted." The salutary effect of this rule Is made apparent by the majority opinion, where It is said that the testimony...

...the jury is justified in acting upon that conclusion. 'lt is certainly a maxim,' said Lord Mansfield, '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.' Blatch v. Archer, Cowp. 63, 65,"— citing, also, 1 Stark. Ev. p. 64. See,...

...the fact if it exists) ; Maleolmeon v. Messon. 1 Moo. PCCNS (Eng.) 357, 369: Watson v. Munro, 6 maxim that all evidence is to be weighed according to the...the power of the other to have contradicted." '" The quoted declaration has become famous, and has frequently been reiterated. In addition to which numerous...

...the work last cited, Lord Mansfield, CJ, said in Blatch v. Archer, Cowp. 66: "It is certainly a 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." And as also quoted by the same learned author above referred to, Best,...

...both parties or the fact is otherwise proved no presumption arises.6* It was early stated as a 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. ' 'M § 102. Due Execution of Documents. Documents regular on their face...

...evidence. As said by Lord Mansfield in Blatch v. Archer (Cowper 63, 65) : " It is certainly a maxim that all evidence is to be weighed according to the...the power of the other to have contradicted." The record shows that the Government, 'notwithstanding the diligence reasonably to be expected, was unable...

...evidence. As said by Lord Mansfield in Blatch v. Archer (Cowper 63, 65) : " It is certainly a maxim that all evidence is to be weighed according to the...the power of the other to have contradicted." The record shows that the Government, notwithstanding the diligence reasonably to be expected, was unable...

...allows ami far enough, in the absence of denial, to require a finding of material misrepresentation. All evidence is to be weighed according to the proof...side to have produced and in the power of the other side to have contradicted. (Rlatch v. Archer, 1 Cowper, 63, 65; Kirby v. Talimage. 160 US -Í7!), 383...

...clear enough to be obeyed. "All evidence," said Lord Mansfield in Blatch v. Archer, 1 Cowper 63, 65, " is to be weighed according to the proof which it was...side to have produced and in the power of the other side to have contradicted." Kirby v. Tallmadge, 160 US 379, 383. The validity of this order is to be...