 But when the subject matter of a negative averment lies peculiarly within the knowledge of the other party, the averment is taken as true unless disproved by that party. Such is the case in civil or criminal prosecutions for a penalty for doing an act...  A Treatise on the Law of Evidence - Halaman 154oleh Simon Greenleaf - 1899Tampilan utuh - Tentang buku ini
 | Alabama. Supreme Court - 1846 - 1104 halaman
...within the knowledge of the other party, the averment is taken as true, unless disproved by that party. Such is the case in civil or criminal prosecutions...persons, except those who are duly licensed therefor. So where the negative allegation involves a charge of criminal neglect of duty, whether official or... | |
 | Arkansas. Supreme Court - 1858 - 764 halaman
...party; in which case the averment is taken as true, unless disproved by that parry. Such for instance in civil or criminal prosecutions for a penalty for...which the statutes do not permit to be done by any person, except those who are duly licensed therefor, as for selling liquors, exercising a trade or... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1852 - 560 halaman
...of the other party, the averment is taken as true, unless disproved by that party;" and he adds, " such is the case in civil or criminal prosecutions...the negative were required, the inconvenience would bo very great." See English and American authorities cited. uUi v. Villnge of Adrian, He states the... | |
 | Illinois. Supreme Court - 1908 - 708 halaman
...applied to both civil and criminal prosecutions for a penalty for doing an act which the stat-. utes do not permit to be done by any persons except those...selling liquors, exercising a trade or profession, or the like. Here the party, if licensed, can immediately show it without the least inconvenience,... | |
 | Simon Greenleaf - 1866 - 756 halaman
...within the knowledge of the other party, the averment is taken as true, unless disproved by that party. Such is the case in civil or criminal prosecutions...show it, without the least inconvenience ; whereas, 1 Rex v. Rogers, 2 Campb. 654 ; Rex Williams v. Hingham nnd Quincy Turn». Jarvis, 1 East, 643, note.... | |
 | Michigan. Supreme Court - 1880 - 696 halaman
...if the other party, the averment is taken as true, unless disproved by that party;" and he adds, " such is the case in civil or criminal prosecutions...negative were required, the inconvenience would be very great." See English and American authorities cited. [500*] *He states the same principle in his second... | |
 | Nevada. Supreme Court - 1882 - 510 halaman
...be a defense. These facts would be peculiarly within his knowledge, and could be established by him "without the least inconvenience, whereas if proof...negative were required the inconvenience would be very great." (1 Greenl. on Ev., Sec. 79.) 2. Section 1 of the statute above referred to does not conflict... | |
 | Isaac Grant Thompson - 1886 - 934 halaman
...the other party, the averment is taken as true unless disproved by that party. Such is the case jn civil or criminal prosecutions for a penalty for doing...which the statutes do not permit to be done by any person, except those who are duly licensed therefor, as for selling liquors, exercising a trade or... | |
 | 1895 - 1060 halaman
...the knowledge of the other party, the averment Is taken as true, unless disproved by that party, as In civil or criminal prosecutions for a penalty for doing an act which the statute does not permit to be done by any persons, except those who are duly licensed therefor, as... | |
 | 1894 - 580 halaman
...within the knowledge of the other party, the averment is taken as true unless disproved by that party. Such is the case in civil or criminal prosecutions...which the statutes do not permit to be done by any person, except those who are duly licensed therefor, as, for selling liquors, exercising a trade or... | |
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