 The presumption of law is not lightly to be repelled. It is not to be broken in upon, or shaken by a mere balance of probability. The evidence for the purpose of repelling it must be strong, distinct, satisfactory and conclusive.  The Law Times - Page 351849Full view - About this book
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1902 - 894 pages
...Davies, 5 Cl. & F. 265, was adopted. Speaking of the presumption of law in that connection, he says: "It is not to be broken in upon or shaken by a mere...satisfactory and conclusive." Applying that rule to the case in hand, I am bound to presume that Mrs. Barrett, then Miss Maloney, was married to the father... | |
 | Great Britain. Parliament. House of Lords - Law reports, digests, etc - 1841 - 820 pages
...I now feel, that shaken Ky . mere propresumption of law is not lightly to be repelled. It babiiity. is not to be broken in upon, or shaken by a mere balance...be strong, distinct, satisfactory, and conclusive. The question is, therefore, whether the facts of this case are sufficient to repel that presumption.... | |
 | Leonard Shelford - Divorce - 1841 - 532 pages
...mere balance of probabilities.(a) The presumption of law is not lightly to be repelled ; it cannot be broken in upon or shaken by a mere balance of probability...be strong, distinct, satisfactory, and conclusive, and such as will lead the mind to the clear conviction that the child in question was not the child... | |
 | Edward Burtenshaw Sugden - Real property - 1849 - 830 pages
...observed that the presumption of law [in favour of legitimacy] was not lightly to be repelled. It was not to be broken in upon or shaken by a mere balance...be strong, distinct, satisfactory, and conclusive (g). 7- A father has of course the right to the care and custody of his children ; he is intrusted... | |
 | Alexander Warfield Bradford, New York (State). Surrogate's Court (New York County) - Law reports, digests, etc - 1857 - 570 pages
...laid down by Lord Lyndhurst in Morris vs. Davies, 5 Cl. & Fin., 163, that " the presumption of law is not lightly to be repelled ; it is not to be broken...be strong, distinct, satisfactory and conclusive." Or as Lord Cottenhain stated the proposition, " A presumption of this sort in favor of a marriage,... | |
 | Ireland. High Court of Chancery - Law reports, digests, etc - 1858 - 656 pages
...adopts the principle laid down by Lord Lyndhurst in Morris v. Davies (t), that " the presumption of law is " not lightly to be repelled ; it is not to be...be strong, distinct, satisfactory and conclusive." Lord Brougham and Lord Campbell affirm that view. As to the evidence offered of reputation of Henry... | |
 | Law reports, digests, etc - 1858 - 660 pages
...the principle laid down by Lord Lyndhurst in Morris v. Davies (ยป'), that " the presumption of law is " not lightly to be repelled ; it is not to be...be strong, distinct, satisfactory and conclusive." Lord Brougham and Lord Campbell affirm that view. As to the evidence offered of reputation of Henry... | |
 | Joseph Goodeve - Evidence - 1862 - 776 pages
...with this subject ; at the same time, as I before expressed, and I now feel, that presumption of law is not lightly to be repelled. It is not to be broken...strong, distinct, satisfactory, and conclusive."^ Of course adequate proof of impotency would always be conclusive ; Relative amount of but apart from... | |
 | Law - 1883 - 552 pages
...Dairies, 6 Clk. & Fin. 163, Lord Lyndhurst, speaking of this presumption, says: "The presumption of law is not lightly to be repelled. It is not to be broken...be strong, distinct, satisfactory and conclusive." In Piers v. Piers, 2 HL Cas. 331. Lord Campbell said that the presumption could be negatived only "by... | |
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