Apparens

Lat. [from apparere, to appear.] Apparent, appearing; that which appears, or is regularly before a court. De non apparentibus et non existentibus eadem est ratio. Respecting things which do not appear, and things which do not exist, the rule, reasoning, or mode of treatment is the same.

5 Co. v., Caudrey's case.

Things which do not appear are treated in law the same as if they did not exist.

Broom's Max. 70.

Where the court cannot take judicial notice of a fact, it is the same as if the fact had not existed.

Buller, J., 1 Term R. 404.

Thus, on a writ of error, for error in law, the court will not look out of the record.

Steph. Pl. 121.

So, on a special verdict, they will neither assume a fact not stated therein, nor draw inferences of facts necessary for the determination of the case from other statements contained therein.

6 Co. v. 8 Cowen's R. 600, 682. 1 Caines' R. 60. 6 Hill's R. 634. 1 Archb. Pr. 216. 12 M. & W. 316.

Broom's Max. ub. sup. See Apparere, Appear.