| Robert Joseph Pothier - 1806 - 728 Seiten
...Ьееи given. hv upon the plaintiff. Lord Elletiborougb, in delivering the opinion of the court, faid, that where any act is required to be done on the one part, fo that the party negledling it would be guilty of a criminal ncgleo of duty in not having done it,... | |
| Great Britain. Court of King's Bench, Sir Edward Hyde East - 1807 - 500 Seiten
...of law is, that where any ait is required to be done on the one part, fo that the party neglefling it would be guilty of a criminal neglect of duty in not having done it, the law prefumes the affirmative, and throws the burthen of proving the contrary, that is, in fuch cafe of... | |
| William Selwyn - 1812 - 732 Seiten
...he subscribed and publicly read the thirty-nine articles; for where any act is required to be done, so that the party neglecting it would be guilty of...it, the law presumes the affirmative, and throws the burthen of proving the contrary on the other side1. p Opinion of the judges, SC 4 July, a Bl. R. 853.... | |
| William Selwyn - 1820 - 830 Seiten
...he subscribed and publicly read the thirty-nine articles; for where any act is required to be done, so that the party neglecting it would be guilty of a criminal neglect of duty in not havu Opinion of the judges, SC 4 July, recognised in Powell v. Milbank, 8 1811. Bl. R. 853. Set also... | |
| John Mirehouse - 1822 - 388 Seiten
...months, and declared his assent to them (4) ; for where an act is required to be done by any person, so that the party neglecting it would be guilty of...of duty in not having done it, the law presumes the affirm(') Bui. NP 188. (')2Sel.NP 1210. Pellow v. Kingsford, 1 Vent. 126. M«yle v. Ewer, Cro. Jac.... | |
| William Selwyn - 1824 - 806 Seiten
...he subscribed and publicly read the thirty-nine articles; for where any act is required to be done, so that the party neglecting it would be guilty of...criminal neglect of duty in not having done it, the Jaw presumes the affirmative, and throws the burthen of proving the contrary on the other side". Hence... | |
| William Mawdesley Best - 1837 - 140 Seiten
...through which negligence his ship was burnt, Lord Ellenborough said, " There is a rule of law, that when any act is required to be done on the one part, so...it, the law presumes the affirmative, and throws the burthen of proving the contrary on the other side ; that in that case the neglecting to give notice... | |
| William Mawdesley Best - 1845 - 232 Seiten
...consequence of which negligence his ship was burnt, Lord Ellenborough said — " There is a rule of law, that where any act is required to be done on the one part, so that the parties neglecting it would be guilty of a »criminal neglect of duty in not having done r #6- -i it,... | |
| Edmund Powell - 1856 - 456 Seiten
...the prisoner must be acquitted ; and this is so, even where the act charged is only one of omission. Where any act is required to be done on the one part,...; the law presumes the affirmative, and throws the burthen of proving a negative on the other side. Thus, where the plaintiff declared that the defendant,... | |
| Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Great Britain. Court of Exchequer Chamber - 1857 - 1186 Seiten
...notice was not given. Under such circumstances, Lord Ellenborongh held the rule of law to apply, " that where any act is required to be done on the one...it, the law presumes the affirmative, and throws the burthen of proving the contrary, that is, in such case, of proving a negative, on the other side."... | |
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