Negative

la used in an untechnical sense, in opposition to affirmative or positive; as, negative or a negative — allegation, averment, condition, covenant, easement, evidence, statute, qq. v. Whoever asserts a right dependent for its existence upon a negative must establish the truth of the negative, except where the matter is peculiarly within the knowledge of the adverse party — as, that the latter I>as no license for selling liquor.^ It is not a maxim of law that a negative is incapable of proof. WTien the negative ceases to be a siniple' one,— when it is qualified by time, place, or circumstance,— much of the objection is removed; andproofof a negative may reasonably be required when the qualifying circumstances are the direct matter in issue, or the affirmative is either probable in itself, or supported by a presumption, or peculiar means of proof are in the hands of the party asserting the negative... When a presumption is in favor of a party who asserts the negative, it affords an additional reason for casting the burden of proof on his adversaiy; it is when a presumption is in favor of the party who asserts the affirmative that its effect becomes visible, as the opposite side is then bound to prove his negative. One class of exceptions to the rule, that the burden of proof rests on the party holding the affirmative, includes the cases in which the plaintiff grounds his right of action upon a negative allegation which is an essential element in his case... So, where the negative allegation involves a charge of ci'iniinal neglect of duty, or fraud, or the wrongful violation of actual lawful possession of property, the party making the allegation must prove it; for in those cases the presumption of law is in favor of the party charged.^ See Affirm, 1.

Negative pregnant

The statement of a negative proposition in such a form as may imply or carry with it the admission of an affirmative. A fault, within the rule that a pleading must not be ambiguous in meaning.* J Fontaine v. Thompson, 80 Va, 229, 232, 234 (1885), cases.

2 Goodwin v. Smith, 73 Ind. 113 (1880); 67 id. 375;. 68 id. 254; 78 N. Y. 480; 37 Am, R. 141, cases; Gould, PI. 93, 344. 3 Best, Ev. (Am. ed., 1883), §§ 270, 273, 276, cases; 1 Greenl. Ev. §§ 78, 80. Approved, Colorado Coal & Iron Co. V. "United States, 123 U. S. 317 (1887), Matthews, J. See 1 Whart. Ev. § 356, cases.