Presumption

An inference affirmative or disaffirmative of the truth or falsehood of any proposition or fact drawn by a process of probable reasoning in the absence of actual certainty of its truth or falsehood or until such certainty can be ascertained. Best, Pres. § 3. A rule of law that courts and judges shall draw a particular inference from a particular fact, or from particular evidence, unless and until the truth of such inference is disproved. Steph. Ev. 4. And see Lane v. Missouri Pac. Ry. Co, 132 Mo. 4, 33 S. W. 645; State v. Tibbetts, 35 Me. 81; Newton v. State, 21 Fla. 98; Ulrich v. Ulrich, 136 N. Y. 120, 32 N. E. 606, 18 In R. A. 37; U, S. v. Sykes (D. Ct) 58 Fed. 1000; Snediker v. Everingham, 27 N. J. Law, 153; Cronan v. New Orleans, 16 La. Ann. 374; U. S. v. Searcey (D. C.) 26 Fed. 437; Doane v. Glenn, 1 Colo. 495. A presumption is a deduction which the law expressly directs to be made from particular facts. Code Civ. Proc. Cal. § 1959. Presumptions are consequences which the law or the judge draws from a known fact to a fact unknown. Civ. Code La. art. 2284. An inference affirmative or disaffirmative of the existence of a disputed fact, drawn by a judicial tribunal, by a process of probable reasoning, from some one or more matters of fact, either admitted in the cause or otherwise satisfactorily established. Best, Pres. § 12. A presumption is an inference as to the existence of a fact not known, arising from its connection with the facts that are known, and founded upon a knowledge of human nature and the motives which are known to influence human conduct. Jackson v. Warford, 7 Wend. (N. Y.) 62. Classification.

— Presumptions. either presumptions of law or presumptions of fact. "A presumption of law is a juridical postulate that a particular predicate is universally assignable to a particular subject. A presumption of fact is a logical argument from a fact to a fact; or, as the distinction is sometimes put, it ls an argument which infers a fact otherwise doubtful from a fact which is proved." 2 Whart. Ev. § 1226. See Code Ga. § 2752. And see Home Ins. Co. v. Weide, 11 Wall. 488. 20 L. Ed. 197; Podolski v. Stone, 186 III. 540, 58 N. E. 340; Mclntvre v. Ajax Min. Co., 20 Utah, 323. 60 Pac. 552 ; U. S. v. Sykes (D. C.) 58 Fed. 1000; Sun Mut. Ins. Co. v. Ocean Ins. Co.., 107 U. S. 485, -1 Sup. Ct. 582, 27 In Ed. 337; Lyon v. Guild, 5 Heisk. (Tenn.) 182; Com. v. Frew, 3 Pa. Co. Ct. R. 496. Presumptions of law are rules which, in certain cases, either forbid or dispense with any ulterior inquiry. 1 Greenl. Ev. § 14. Inferences or positions established, for the most part, by the common, but occasionally by the statute, law, which are obligatory alike on judges and juries. Best, Pres. § 15. Presumptions of fact are inferences as to the existence of some fact drawn from the existence of some other fact; inferences which common sense draws from circumstances usually occurring in such cases. 1 Phil. Ev. 436. Presumptions are divided into praesumptiones juris et de jure, otherwise called "irrebuttable presumptions," (often, but not necessariiy, fictitious,) which the law will not suffer to be rebutted by any eounteievidence; as, that an infant under seven years is not responsible for his actions; prœsumptiones juris tantum, which hold good in the absence of counter-evidence, but against which counter-evidence may be admitted; and prœsumptiones hominis, which are not necessarily conclusive, though no proof to the contrary be adduced. Mozley & Whitley. There are also certain mixed presumptions, or presumptions of fact recognized by law, or presumptions of mixed law and fact. These are certain presumptive inferences, which, from their strength, importance, or frequent occurrence, attract, as it were, the observation of the law. The presumption of a "lost grant" falls within this class. Best, Ev. 436. See Dickson v. Wlikinson, 3 How. 57, 11 In Ed. 491. Presumptions of law are divided into con-elusive presumptions and disputable presumptions. A conclusive presumption is a rule of law determining the quantity of evidence requisite for the support of a particular averment which is not permitted to be overcome by any proof that the fact is otherwise. 1 Greenl. Ev. f 15; In S. v. Clark, 5 Utah, 226, 14 Pac. 288; Brandt v. Morning Journal Ass'n. 81 App. Div. 183, 80 N. Y. Supp. 1002. These are also called "absolute" and "irrebuttable" presumptions. A disputable presumption is an inference of law which holds good until it is invalidated by proof or a stronger presumption. A natural presumption is that species of presumption, or process of probable reasoning, which is exercised by persons of ordinary intelligence, in inferring one fact from another, without reference to any technical rules. Otherwise called "præsumptio hominis." Burrill, Circ. Ev. 11, 12, 22, 24. Legitimate presumptions have been denominated "violent" or "probable," according to the amount of weight which attaches to them. Such presumptions as are drawn from inadequate grounds are termed "light" or "rash" presumptions. Brown.

— Presumption of survivorship. A presumption or fact, to the effect that one person survived another, applied for the purpose of determining a question of succession or similar matter, in a case where the two persons perished in the same catastrophe, and there are no circumstances extant to show which of them actually died first, except those on which the presumption is founded, viz., differences of age, sex, strength, or physical condition. Presumptions are conjectures from probable proof, assumed for purposes of evidence. J. Voet, Com. ad Pand. 1. 22, tit. 3, n. 14.