 | T. M. Lalor - 1837 - 762 pages
...in carrying the agieement into effect and corresponding in form with the proposal, 1 think it must be presumed, in the absence of any evidence to the contrary, that he understood at the time the terms and conditions upon which it was made. It is hardly to be believed... | |
 | New York (State). Court of Chancery, William T. McCoun - 1837 - 754 pages
...in carrying the agreement into effect and corresponding in form with the proposal, I think it must be presumed, in the absence of any evidence to the contrary, that he understood 271 at the time the terms and conditions upon which it was made. It is hardly to be believed... | |
 | Richard Holmes Coote - 1840 - 838 pages
...the sub-lessees. (o) And where the original tenant has quitted, and another has taken possession, it will be presumed, in the absence of any evidence to the contrary, that the latter has come in as the assignee of the former, though he has never paid rent, and notice will be... | |
 | 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 - 1910 - 806 pages
...We have frequently held that, in a negligence suit, where there is no eyewitness to the accident, it will be presumed, in the absence of any evidence to the contrary, that the deceased used ordinary care and caution, which presumption is sufficient to permit recovery, if negligence... | |
 | 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 - 1890 - 808 pages
...Estoppel— Fellow-servan ts. 1. Where in a negligence suit there is no eye-witness to the accident it will be presumed, in the absence of any evidence to the contrary, that the deceased used ordinary care and caution, which presumption is sufficient to permit the plaintiff to... | |
 | 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 pages
...make any record of such proofs, no record thereof would be evidence, if made by him ; and it would be presumed, in the absence of any evidence to the contrary, that he had done his duty as a public officer, and taken the necessary proofs before recording the deed.... | |
 | John William Smith - 1856 - 448 pages
...v. Wiggs, 2 NR 330. And where the original tenant has quitted, and another has taken possession, it will be presumed, in the absence of any evidence to the contrary, that the latter has come in as assignee of the former, though he has never paid rent, and notice served on such... | |
 | 1871 - 224 pages
...President " being by the Senatus Consultum of December 25, 1852, changed to " Emperor," and it is fairly to be presumed, in the absence of any evidence to the contrary, that A obeyed the law, and took the oath in question.) On June 21, 1849 (being then, as before stated, on... | |
 | Charles Harvey Scribner - 1867 - 860 pages
...3 How. 360. • Turner v. Morris, 27 Missis. 733. court, on the filing of a petition for dower, it will be presumed, in the absence of any evidence to the contrary, that the publication wag made.1 A bill of review can not be filed in the probate court.2 46. Alabama. In Alabama,... | |
 | Thomas Campbell Foster, William Francis Finlason - 1867 - 1150 pages
...from exhaustion, unable longer to deliberate, cannot create a case of necessity. Therefore it was to be presumed, in the absence of any evidence to the contrary, that it had been so on this occasion, and that there was an absolute, actual, physical necessity for the... | |
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Being known to the plaintiff, it is to be presumed, in the absence of any evidence to the contrary, that the parties contracted in reference to it. 
