 ... to warrant a reasonable and just conclusion against him, in the absence of explanation or contradiction ; but when such proof has been given and the nature of the case is such as to admit of explanation or contradiction, if the conclusion to which...  The New South Wales Law Reports, 1880-1900 - Page 17by New South Wales. Supreme Court - 1893Full view - About this book
 | Archibald John Stephens - Arbitration and award - 1842 - 1072 pages
...explanation or contradiction, if the conclusion to which the proof tends be untrue, and the accused offers no explanation or contradiction, can human reason...than adopt the conclusion to which the proof tends." (1) Circumstances are in many cases of greater force, and more to be depended on than the testimony... | |
 | William Mawdesley Best - Evidence, Circumstantial - 1845 - 232 pages
...fact is properly an inference of that fact from others that are known ; it it an act of reasoning. In matters that regard the conduct of men, the certainty of mathematical demonstration is not to be expected. (1 Phillips & A. 457. Per Lord Tenterden, in Rex v. Burdett, 4 B. & A. 161,... | |
 | Law reports, digests, etc - 1847 - 584 pages
...explanation or contradiction, if the conclusion to which the proof tends be untrue, and the accused offers no explanation or contradiction, can human reason...mathematical demonstration cannot be required or expected" — The King v. Burdett (3). Now, treating Lord Tenterden's observations as applicable to this case,... | |
 | Henry Iltid Nicholl, Thomas Hare, John Monson Carrow, Lionel Oliver, Edward Beavan, Thomas Edward Preston Lefroy - Canals - 1848 - 876 pages
...explanation or contradiction, if the conclusion to which the proof tends be untrue, and the accused offers no explanation or contradiction, can human reason...the conduct of men, the certainty of mathematical demonstrations cannot he required or expected." Now, treating Lord Tcnterden,s observations as applicable... | |
 | Law - 1848 - 1122 pages
...explanation or contradiction, if the conclusion to which the proof tends be untrue, and the accused offers no explanation or contradiction, can human reason...but, in matters that regard the conduct of men, the certainly of mathematical demonstrations cannot be required or expected." Now, treating Lord Tenterden's... | |
 | John Peter De Gex, John Jackson Smale - Equity - 1849 - 846 pages
...explanation or contradiction, if the conclusion to which the proof tends be untrue, and the accused offers no explanation or contradiction, can human reason...mathematical demonstration cannot be required or expected." Now treating Lord Tenterdens observations as applicable to this case, in which, though civil, the charge... | |
 | William Mawdesley Best - Cross-examination - 1854 - 930 pages
...reasoning ; and much of human knowledge on all subjects is derived from this source. * • • •. In matters that regard the conduct of men, the certainty...mathematical demonstration cannot be required or expected." Per Abbott, CJ, in R. v. Burdett, 4 B.& A. 161,162. "Where the existence of one fact so necessarily... | |
 | William Wills - Evidence (Law) - 1857 - 296 pages
...explanation or contradiction, if the conclusion to which the proof tends be untrue, and the accused offers no explanation or contradiction, can human reason...to draw the conclusion hastily; but in matters that concern the conduct of men, the certainty of mathematical evidence cannot be required or expected ;... | |
 | Law - 1865 - 384 pages
...explanation or contradiction, if the conclusion to which the proof tends be untrue, and the accused offers no explanation or contradiction, can human reason...adopt the conclusion to which the proof tends ? The premise* may lead more or less strongly to the conclusion ; and care must be t..ken not to draw the... | |
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