I must take this opportunity of saying, that nothing can be more absurd than the notion, that there is to be any rigid presumption of law on such questions of fact, without reference to accompanying circumstances, such, for instance, as the age or health... The Medico-legal Journal - Page 1841884Full view - About this book
| Law reports, digests, etc - 1869 - 972 pages
...the evidence was proper and the conclusion proper. There was no contrary evidence." And he adds, " Nothing can be more absurd than the notion that there...party. There can be no such strict presumption of law. In Doe d. Knight v. Nepean (3) the question arose much as in The King v. the Inltabitants of Twyning... | |
| John William Smith - 1840 - 530 pages
...nothing can be more absurd than the notion that there is to be any rigid presumption of law on sucli questions of fact, without reference to accompanying...party. There can be no such strict presumption of law. In Doe d. Knight v. Nepean, the question arose much as in Hex v. Twyning. The claimant was not barred,... | |
| John William Smith - Law reports, digests, etc - 1842 - 612 pages
...Ad' & opportunity of saying, that nothing can be more absurd E-514than the notion that there is to bo any rigid presumption of law on such questions of...party. There can be no such strict pre*sumption of law. In Doe d. Knight v. Nepean, the question arose much as in Rex v. Twyning. The claimant was not barred,... | |
| William Mawdesley Best - Cross-examination - 1854 - 930 pages
...to have proceeded, was not necessary to that decision. I must take this opportunity of saying, that nothing can be more absurd than the notion, that there...party. There can be no such strict presumption of law. * * * * I am aware that Bayley, J., founds his decision on the ground of contrary presumptions ; but... | |
| Great Britain. Courts - Law reports, digests, etc - 1854 - 814 pages
...of fact, without reference to accompanying circumstances, such, for instance, as the age or * -_«ci health of the party. There can be no such strict *presumption of law. -* In Doe dem. Knight v. Nepean, 5 B. & Ad. 86, the question arose much as in Rex t). Twyning, 2 B.... | |
| John William Smith - Law reports, digests, etc - 1855 - 798 pages
...authority to the contrary. Lord Denman, CJ, says :(d) " I must take this opportunity of saying, that nothing can be more absurd than the notion that there...the age or health of the party. There can be no such Г*Ч1П Btr'c' *presumption of law. In Doe d. Knight v. Nepean, the quesL -I tion arose much as in... | |
| Civil procedure - 1857 - 610 pages
...certain circumstances, this is to be treated as a question of fact, and the language of Eagle's Case. Lord Denman is, in that view, strictly pertinent when...presumption of law." What, however, is a court or j ury to do when there are no accompanying circumstances — ,when there is no ground in fact for inferring... | |
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