 | William Selwyn - Nisi prius - 1812 - 732 pages
...read the thirty-nine articles; for where any act is required to be done, so that the party neglecting it would be guilty of a criminal neglect of duty in not having done it, the law presumes the affirmative, and throws the burthen of proving the contrary on the other side1. p Opinion... | |
 | Isaac 'Espinasse - Actions and defenses - 1812 - 350 pages
...that where any atfc is to " be- jdone, the not doing of which would be a criminal ne" gle& of duty ; the law prefumes the affirmative, and throws " the burthen of proving the nepative on the other fide." Mr-.>kv. Cutler, As in a fuit for tithes in the Exchequer, the. defendant... | |
 | William Selwyn - Civil procedure - 1820 - 830 pages
...read the thirty-nine articles; for where any act is required to be done, so that the party neglecting it would be guilty of a criminal neglect of duty in not havu Opinion of the judges, SC 4 July, recognised in Powell v. Milbank, 8 1811. Bl. R. 853. Set also... | |
 | John Mirehouse - Tithes - 1822 - 388 pages
...assent to them (4) ; for where an act is required to be done by any person, so that the party neglecting it would be guilty of a criminal neglect of duty in not having done it, the law presumes the affirm(') Bui. NP 188. (')2Sel.NP 1210. Pellow v. Kingsford, 1 Vent. 126. M«yle v. Ewer,... | |
 | William Selwyn - Nisi prius - 1824 - 806 pages
...read the thirty-nine articles; for where any act is required to be done, so that the party neglecting it would be guilty of a criminal neglect of duty in not having done it, the Jaw presumes the affirmative, and throws the burthen of proving the contrary on the other side". Hence... | |
 | William Mawdesley Best - Burden of proof - 1837 - 140 pages
...rule of law, that when any act is required to be done on the one part, so that the party neglecting it would be guilty of a criminal neglect of duty in not having done it, the law presumes the affirmative, and throws the burthen of proving the contrary on the other side ; that in... | |
 | Great Britain. Court of King's Bench, James Manning, Archer Ryland, Joseph A. Harris, William Botsford - Law reports, digests, etc - 1837 - 826 pages
...of law is, that where any act is required to be done on the one part, so that the party neglecting it would be guilty of a criminal neglect of duty in not having done it, the law presumes the affirmative, and throws the burden of proving the contrary, — that is, in such case,... | |
 | William Mawdesley Best - Evidence, Circumstantial - 1845 - 232 pages
...rule of law, that where any act is required to be done on the one part, so that the parties neglecting it would be guilty of a »criminal neglect of duty in not having done r #6- -i it, the law presumes the affirmative, and throws the •- •" burden of proving the contrary... | |
 | Edmund Powell - Evidence - 1856 - 456 pages
...one of omission. Where any act is required to be done on the one part, so that the party neglecting it would be guilty of a criminal neglect of duty in not having done it ; the law presumes the affirmative, and throws the burthen of proving a negative on the other side. Thus, where... | |
 | Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Great Britain. Court of Exchequer Chamber - Great Britain - 1857 - 1184 pages
...to apply, " that where any act is required to be done on the one part, so that the party neglecting it would be guilty of a criminal neglect of duty in not having done it, the law presumes the affirmative, and throws the burthen of proving the contrary, that is, in such case, of... | |
| |
rule of law is, that where any act is " required to be done on the one part, so that the party neglecting it would be guilty " of a criminal neglect of duty in not having done it, the law presumes the affirmative, " and throws the burden of proving the... 
