 | New Jersey. Court of Chancery - Law reports, digests, etc - 1846 - 620 pages
...charge of adultery. />./.'/ T. Day, 444 9. The circumstances to sustain the charge must be such as to lead the guarded discretion of a reasonable and just man to the conclusion that the crime has been committed. ib. 10. The rules of evidence are generally the same... | |
 | New Jersey. Court of Chancery - Equity - 1846 - 624 pages
...marital rights." " The only general rule to be laid down i^ that the circumstances must be such as to lead the guarded discretion of a reasonable and just man to the conclusion ', for it is not to lead a rash, intemperate judgment, moving upon appearances, that... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1907 - 1382 pages
...also prove another crime against the defendant. The practical limit to its admission is, that it must be sufficiently significant in character, and sufficiently near in point of time, to afford a presumption that the element sought to be established existed at the time of the commission... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1882 - 724 pages
...time, it was said that "the limit, practically, to the evidence under consideration is that it must be sufficiently significant in character, and sufficiently...proved. If too remote or insignificant, it will be rejec ted, in the discretion of the judge who tries the case." Upon a full and careful consideration... | |
 | Law reports, digests, etc - 1900 - 1164 pages
...the contrary be shown. The limit, practically, to the evidence under consideration Is that it must be sufficiently significant in character, and sufficiently...rejected, in the discretion of the judge who tries the ease. The fact that the conduct relied on has occurred since the filing of the libel does not exclude... | |
 | Law reports, digests, etc - 1921 - 958 pages
...trial court was that— "To prove adultery by circumstantial evidence the circumstances must be such as to lead the guarded discretion of a reasonable and just man to the conclusion of guilt." This is the law. [2, 3] The conclusion adopted was Lord Stowell's often approved... | |
 | Law reports, digests, etc - 1889 - 956 pages
...application of the precautionary test, that to establish adultery the circumstances must be such as to lead the guarded discretion of a reasonable and just man to the conclusion of guilt. The judgment must not be rash and intemperate, moving upon appearances that... | |
 | Law reports, digests, etc - 1886 - 956 pages
...a great part of the testimony, the result is that, in my opinion, the circumstances are not such as to lead the guarded discretion of a. reasonable and just man to the conviction that the act charged was committed. It will not do to base a decree in such a case upon... | |
 | Law reports, digests, etc - 1920 - 1216 pages
...action for divorce, adultery may be proved by circumstances; but the circumstances must be such as to lead the guarded discretion of a reasonable and just man to the conclusion of guilt. 5. Divorce "§=299— Error not to allow wife to visit child whose custody... | |
 | Law reports, digests, etc - 1888 - 864 pages
...impossible to prove it, except by circumstantial evidence. The circumstances must be such, indeed, as " to lead the guarded discretion of a reasonable and just man to the conclusion of guilt." But when adulterous disposition is shown to exist between the parties at... | |
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Is that it must be sufficiently significant in character, and sufficiently near In point of time, to have a tendency 'to lead the guarded discretion of a reasonable and Just man' to a belief in the existence of this important element in the fact to be... 
