When, therefore, the existence of a person, a personal relation, or a state of things is once established by proof, the law presumes that the person, relation, or state of things continues to exist as before, until the contrary is shown or until a different... Atlantic Reporter - Page 4441897Full view - About this book
| John Pitt Taylor - Evidence (Law) - 1848 - 764 pages
...person, relation, or state of things continues to exist as before, till the contrary is shown, or till a different presumption is raised, from the nature of the subject in question. Thus, where a jury found that a certain custom existed up to the year 1689, the court held, that in... | |
| New York (State). Court of Chancery - Equity - 1850 - 826 pages
...proof, the law presumes that such state of things continues to exist till the contrary is shown, or till a different presumption is raised from the nature of the subject in question. (1 Greenleaf's Law ofEvid. §41.) , . Bogardus v. Trinity Church. Starting with the conceded fact, that... | |
| Great Britain. Court of Common Pleas - Law reports, digests, etc - 1850 - 594 pages
...person, relation, or state of things continues to exist as before, till the contrary is shown, or till a different presumption is raised, from the nature of the subject in question." In Clark v. Alexander, 8 Scott, N. 11. 147, where a partnership (a) Under the 9 & 10 Vict. c. 28. (&)... | |
| John Bouvier - Law - 1854 - 788 pages
...personal relation, or a state of things is once established by proof, the law presumes that the person, relation, or state of things continues to exist as before, until the contrary is shown, or until a contrary presumption is raised, from the nature of the subject. A party, once living, will not be presumed... | |
| Joseph Goodeve - Evidence - 1862 - 776 pages
...person, relation, or state of things oontinues to exist as before, till the contrary is shown, or till a different presumption .is raised, from the nature of the subject in question."* Presumptions of this class are referred to as existing in favor of Stability or Immutability, Upon... | |
| Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 588 pages
...existence of a personal relation or a partii ular state of things has been established by proof, that it continues to exist as before until the contrary is shown, or until a different presumption arises from the nature of the subject in question 1 Greenl. Ev. § 46. Exceptions c verruled. Atwater... | |
| Great Britain. High Court of Admiralty, Vernon Lushington - Admiralty - 1864 - 792 pages
...person, relation or state of things continues to exist as before, till the contrary is shown, or that a different presumption is raised, from the nature of the subject in question .... So where a tenant holds over after the expiration of the term, he impliedly holds subject to all... | |
| Great Britain. High Court of Admiralty, John Haggard - Admiralty - 1864 - 734 pages
...person, relation or state of things continues to exist as before, till the contrary is shown, or that a different presumption is raised, from the nature of the subject in question .... So where a tenant holds over after the expiration of the term, he impliedly holds subject to all... | |
| Simon Greenleaf - Evidence (Law) - 1866 - 756 pages
...personal relation, or a state of things, is once established by proof, the law presumes that the person, relation, or state of things continues to exist as...until the contrary is shown, or until a different 1 [ "Common weal th v. Jeffries, 7 Allen, 33 Miss. 117; Curtis r. Ilerrick, 14 Cal. 648.] 117 ; Isbcll... | |
| Thomas Nesbitt McCarter - Equity - 1867 - 612 pages
...the death of the testatrix. The legal presumption, independent of the statute, is that life continues until the contrary is shown, or until a different presumption is raised. Wilson v. Hodges, 2 East 313 ; 1 Greenleaf's Ev., §41. In the absence of the statute, the presumption... | |
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