 But when the subject matter of a negative averment lies peculiarly within the knowledge of the other party, the averment is taken as true unless disproved by that party. Such is the case in civil or criminal prosecutions for a penalty for doing an act...  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Página 499por Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, William Dudley Fuller, Hovey K. Clarke, John Adams Brooks, Hoyt Post, Henry Allen Chaney, James M. Reasoner, Richard W. Cooper, Marquis B. Eaton, Herschel Bouton Lazell - 1852Visualização integral - Acerca deste livro
 | Alabama. Supreme Court - 1846 - 1104 páginas
...within the knowledge of the other party, the averment is taken as true, unless disproved by that party. Such is the case in civil or criminal prosecutions...persons, except those who are duly licensed therefor. So where the negative allegation involves a charge of criminal neglect of duty, whether official or... | |
 | Arkansas. Supreme Court - 1858 - 764 páginas
...party; in which case the averment is taken as true, unless disproved by that parry. Such for instance in civil or criminal prosecutions for a penalty for...which the statutes do not permit to be done by any person, except those who are duly licensed therefor, as for selling liquors, exercising a trade or... | |
 | Illinois. Supreme Court - 1908 - 708 páginas
...applied to both civil and criminal prosecutions for a penalty for doing an act which the stat-. utes do not permit to be done by any persons except those...selling liquors, exercising a trade or profession, or the like. Here the party, if licensed, can immediately show it without the least inconvenience,... | |
 | Simon Greenleaf - 1866 - 756 páginas
...within the knowledge of the other party, the averment is taken as true, unless disproved by that party. Such is the case in civil or criminal prosecutions...show it, without the least inconvenience ; whereas, 1 Rex v. Rogers, 2 Campb. 654 ; Rex Williams v. Hingham nnd Quincy Turn». Jarvis, 1 East, 643, note.... | |
 | Michigan. Supreme Court - 1880 - 696 páginas
...to be, that " when the subject matter of a negative averment lies peculiarly within the knowledge if the other party, the averment is taken as true, unless...the negative were required, the inconvenience would be very great." See English and American authorities cited. [500*] *He states the same principle in... | |
 | Isaac Grant Thompson - 1886 - 934 páginas
...the other party, the averment is taken as true unless disproved by that party. Such is the case jn civil or criminal prosecutions for a penalty for doing...which the statutes do not permit to be done by any person, except those who are duly licensed therefor, as for selling liquors, exercising a trade or... | |
 | 1895 - 1060 páginas
...the knowledge of the other party, the averment Is taken as true, unless disproved by that party, as In civil or criminal prosecutions for a penalty for doing an act which the statute does not permit to be done by any persons, except those who are duly licensed therefor, as... | |
 | 1894 - 580 páginas
...within the knowledge of the other party, the averment is taken as true unless disproved by that party. Such is the case in civil or criminal prosecutions...which the statutes do not permit to be done by any person, except those who are duly licensed therefor, as, for selling liquors, exercising a trade or... | |
 | Illinois State Board of Health - 1894 - 362 páginas
...of the other party, the averment is taken as true unless disproved by that party. Such is the casein civil or criminal prosecutions for a penalty for doing...which the statutes do not permit to be done by any person, except those who are duly licensed therefor, as, for selling liquors, exercising a trade or... | |
 | 1895 - 1250 páginas
...within the knowledge of the other party, the averment is taken as true, unless disproved by that party. Such is the case in civil or criminal prosecutions...exercising a trade or profession, and the like. Here tie party, if licensed, can Immediately show it without the least inconvenience, whereas, if proof... | |
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