Proof

Proof, in civil process, is a sufficient reason for the truth of a juridical proposition by which a party seeks either to maintain his own claim or to defeat the claim of another. Whart. Ev. § 1. Proof ls the effect of evidence; the establishment of a fact by evidence. Code Civ. Proc. Cal. § 1824. And see Nevling v. Com., 98 Pa. 328; Tift v. Jones, 77 Ga. 181, 3 S. E. 399; Powell v. State, 101 Ga. 9, 29 S. E. 309, 65 Am. St. Rep. 277; Jastrzembski v. Marxhausen, 120 Mich. 677, 79 N. W. 935. Ayliffe defines "judicial proof' to be a clear and evident declaration or demonstration of matter which was before doubtful, conveyed in a judicial manner by fit and proper arguments, and likewise by nil other legal methods—First, by fit and proper arguments, such as conjectures, presumptions, indicia, and other adminicular ways and means ; secondly, by legal methods, or methods according to law, such as witnesses, public instruments, and the like. Ayl. Par. 442. For the distinction between "proof," "evidence," "belief," and "testimony," see Evidence.

— Burden of proof. See that title.

— Full proof. See Full.

— Half proof. See Hale.

— Preliminary proof. See Preliminary.

— Positive proof. Direct or affirmative proof; that which directly establishes the fact in question ; as opposed to negative proof, which establishes the fact by showing that its opposite is not or cannot be true. Niles v. Rhodes, 7 Mich. 378; Falkner v. Behr, 75 Ga. 674; Schrack v. McKnight, 84 Pa. 30.

— Proof of debt. The formal establishment by a creditor of his debt or claim, in some prescribed manner. (as, by his affidavit or otherwise,) as a preliminary to its allowance, along with others, against an estate or property to be divided, such as the estate of a bankrupt or insolvent, a deceased person, or a firm or company in liquidation.