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" But, next to positive proof, circumstantial evidence or the doctrine of presumptions must take place: for when the fact itself cannot be demonstratively evinced, that which comes nearest to the proof of the fact is the proof of such circumstances which... "
A Dictionary of American and English Law: With Definitions of the Technical ... - Halaman 211
oleh Stewart Rapalje - 1888
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An introduction to the study of moral evidence

James Edward Gambier - 1806 - 208 halaman
...the contrary be proved Blacks'one, iii. 371. •f- In Gilbert's Law of Evidence, it it said, that _" when the " fact itself cannot be proved, that which comes nearest to the 41 proof of the fact, is The proof of the circumstances that ncces" san!y, avd usually attend such...
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An Introduction to the Study of Moral Evidence: Or, of that Species of ...

James Edward Gambier - 1808 - 276 halaman
...+ In Gilbert's 1 aw of Evidence, ir is said, that " when the «< fact itself cannot be proved, thar which comes nearest to the " proof of the fact, is the proof of thecitcumstances that neces" sarily, and usually attend such facts." But, it should seem, that what...
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An introduction to the study of moral evidence

James Edward Gambier - 1808 - 238 halaman
...Gilbert's Law of Evidence, it is said, that " when the " fact itself cannot be proved, that which conies nearest to the " proof of the fact, is the proof of the circumstances that neces" sarily, and usually attend such facts." But, it should seem, that what affords a safe ground...
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A Compendium and Digest of the Laws of Massachusetts, Volume 2,Bagian 1

Massachusetts, William Charles White - 1810 - 208 halaman
...doctrine of firesumfitions must take place : for when the fact itself cannot be demonstratively evinced, that •which comes nearest to the proof of the fact is the proof of such circumstances which either necessarily, or usually, attend such facts ; and these are called presumptions*...
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A Treatise on the Law of Evidence

Samuel March Phillipps - 1816 - 746 halaman
...i.Bneant to supply. * 56 *And this distinction seems fully recognised by Lord Chief Baron Gilbert. " When the fact itself cannot be proved, that which...proof of the fact, is the proof of the circumstances that necessarily and usually attend such facts, and called presumptions ; and not proof, for they stand...
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A Compendious and Comprehensive Law Dictionary: Elucidating the Terms, and ...

Thomas Walter Williams - 1816 - 1048 halaman
...doctrine of presumption, must take place ; for when the fact itself cannot be demonstratively evinced, that which comes nearest to the proof of the fact is the proof of such circumstances which either necessurily or usually, attend such facts ; and these are called presumptions,...
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A Treatise on the Law of Evidence, Volume 1

Samuel March Phillipps - 1822 - 644 halaman
...most satisfactory that can be produced, and the universal feeling of mankind leans to this species of evidence in preference to that which is merely...not to be trusted. Chief Baron Gilbert, therefore, considers it a higher species of proof. He says, " When the fact itself cannot be proved, that which...
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An introduction to the study of moral evidence

James Edward Gambier - 1824 - 364 halaman
...fact inferred from them had existed also. It is, indeed, said, in Gilbert's Law of Evidence, that, " when the fact itself cannot be proved, that which...proof of the fact, is the proof of the circumstances that necessarily and usually attend the fact." But the correctness of this position may be doubted....
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A General Abridgment and Digest of American Law: With Occasional ..., Volume 3

Nathan Dane - 1824 - 620 halaman
...proveniens qu<e olio abducto I CH. 94. pro veritate habetur. Wlien the fact itself cannot be proved, Art. I. that which comes nearest to the proof of the fact, is the proof v^-v^^x of the circumstances that necessarily and usually attend such facts ; and these are called...
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Gifford's English lawyer; or, Every man his own lawyer, by John Gifford

Alexander Whellier - 1825 - 836 halaman
...doctrine of presumptions, must take place : for when the fact itself cannot be demonstratively evinced, that which comes nearest to the proof of the fact is the proof of such circumstances which either necessarily or us unity attend such facts ; and these are called presumptions,...
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