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" The judgment was for the money, and the presumption is, in the absence of anything in the record to the contrary, that before it was rendered the court had become judicially satisfied that the property could not be returned. "
The South Western Reporter - Page 35
1906
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The Kentucky Law Reporter, Volume 27

Frank L. Wells, Edward Warren Hines, William Pope Duvall Bush, Horace C. Brannin, Findlay Ferguson Bush, W. J. Chinn, William Cromwell, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - Electronic journals - 1905
...Commonwealth, 18 Ky. Law Kep., 307, and Roberts v. Commonwealth, 94 Ky., 603. We will conclusively presume, in the absence of anything in the record to the contrary, that the court followed the law in selecting the jury. (Massey v. Commonwealth, supra. > Moreover, we are without...
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Reports of the Decisions of the Court of Appeals of the State of ..., Volume 7

Colorado. Court of Appeals - Law reports, digests, etc - 1896
...value, and $800 damages for the detention. The judgment was for the money, and the presumption is, in the absence of anything in the record to the contrary, that before it was rendered the court had become judicially satisfied that the property could not be returned....
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A Digest of the Decisions of the Supreme Court of Iowa

Emlin McClain - Law - 1908
...irregular In form, held sufficient. Sheppard v. Collins, 12-570. 304. Presumption of regularity: It will be presumed, in the absence of anything in the record to the contrary, that a bond taken and approved by the clerk was taken under such circumstances as to render his action proper....
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 14

Law reports, digests, etc - 1911
...PRESUMED REQUEST. — Assuming that instructions criticised by the appellant were objectionable, it must be presumed, in the absence of anything in the record to the contrary, that the criticised instructions were given at appellant's request. (Id.) 11. CORRECTNESS OF CHAROE. — When...
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Reports of cases determined in the district courts, Volume 14

1911
...PRESUMED BEQUEST. — Assuming that instructions criticised by the appellant were objectionable, it must be presumed, in the absence of anything in the record to the contrary, that the criticised instructions were given at appellant's request. (Id.) 11. CORRECTNESS OP CHARGE.—When...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

Appellate courts - 1918
...intendment favors the notion that it had a purpose and that the purpose was lawful. In fact, we must assume, in the absence of anything in the record to the contrary, that the postponements were made for a lawful purpose in the orderly progress of the case. This being true,...
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Corpus Juris: Being a Complete and Systematic Statement of the ..., Volume 17

William Mack, William Benjamin Hale - Law - 1919
...others defective, and there is a general verdict against defendant, the verdict, judgment, and sentence will be presumed, in the absence of anything in the record to the contrary, to have been given upon the good counts,"2 particularly where defendant failed to test the counts claimed...
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The Central Law Journal, Volume 26

Law - 1888
...indictment Is brought up on appeal, and the date of the offense therein has been apparently changed, it will be presumed in the absence of anything in the record, to have been made before the finding of the Indictment.— State r. Ball, SC App. W. Va., Nov. 12, 1687;...
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Atlantic Reporter, Volume 55

Law reports, digests, etc - 1903
...sound discretion. 2. On appeal from a judgment granting a new trial for newly discovered evidence, it will be presumed, in the absence of anything in the record to the contrary, that it satisfactorily appeared to the court that the petitioner would be able to make entries in books...
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The New Mexico Law of Water Rights

Wells Aleck Hutchins - Water - 1955 - 61 pages
...to appropriate water is approved by the district court, "on appeal the appellate court will presume, in the absence of anything in the record to the contrary, that there is unappropriated water available to supply the requirements under the Ik permit." 77/ The question...
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