Supreme Court, Kinney Tobacco Company vs. Oscar Miller

Supreme Court, Kinney Tobacco Company vs. Oscar Miller

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ...under which the warrant issued must be our guide. This statute (2 R. S., 43, Sec. 12) does not require the Itecei-oer to establish the truth of his petition by positi-re proof. It does not require him to give positive proof of the facts and circumstances from which its truth is to be inferred. It requires him to show to the satisfaction of the oflicer that there was good reason to be-ll' --ve that Halliday was a debtor to the corporation, or that he had its property in his possession; and it made the Receive-r's own oath evidence for that purpose. It also authorized " other competent proof" instead of the oath of the party; but the makers of the statute could not have intended proof competent to establish the facts in a legal sense, as before a jury. The facts are not required t.o be so established; and proof suflicient to create It rational belief is all that the la-n-yuage calls for, and this may fall far short of that which is /m-wsstr-r_y to authorize a eerdict. In all other respects the statute is silent with respect to the nature and quality of the proof on which the oflicer is to exercise his judgment. "Then the warrant against Halliday was issued, the oflicer had before him, as the basis on which his belief might be founded.-not only the belzkj' of the lteceieer. but the inform.ation on which the Receircr's belief' was founded. The case as it e2:1'sted in the mind of the Ite'n'ccr was laid before the oflicer. Information constitutes, in many cases. ground of rational belief. In our daily and most important transactions we act on belief resting on that foundation only. The fact that this information had been given to the Receiver was legally proved. The truth of the more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • United States
  • English
  • black & white illustrations
  • 1236932528
  • 9781236932525