Proof

The conviction or persuasion of the mind of a judicial tribunal by the exhibition of evidence of the reality of a fact alleged. See "Evidence."

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.

The establishment of the truth of some by evidence adduced for the purpose; the result Proofs: evidence given in proof.

V. Half-proof, Full proof. rebel if he failed still to fine: the public notice of a sixteen times, — four times, at each assize of the county or ecclesiastical court was administration of anothparish priests to bishops and technical in indictments for suit. In old Eng Ush law, witnesses; the tender of suit medial or proof judgment; et inie producit sectam. production in court by a party; or the offer to produce, profit which one man has in common, a right to enter and v. Render; v. In prender. writ to prohibit waste pendfrom the King, or a suproceedings in an inferior, iot want of jurisdiction. — prosecutors in popular and a company before its incor-

1. Evidence, considered as sufficient to convince. 2. Convincing effect of evidence; establishment of a fact to the satisfaction of the mind, by documents or testimony of witnesses. Judge Greenleaf very judiciously advises that "evidence" should be used for the various means of producing conviction, and "proof" reserved for the result of evidence. (1 Greenl. Ev. § 1.) But in many connections, proof, as used not only in current parlance, but in statutes and decisions, appears as equivalent of evidence, or rather of convincing, satisfactory evidence. Proofs (plu.) often appears as the aggregate or mass of the evidence adduced in a cause; thus it may be said that a cause was noticed for hearing on the pleadings and proofs, that on all the proofs the plaintiff was held not entitled to recover, and the like. A statute requiring proof calls for competent legal evidence. It excludes testimony of an incompetent witness. Hill v. Hunt, 20 N. J. L. 476; Stanley v. Homer, 24 Id. 511; Brown v. Hinchman, 9 Johns. 75. By the "satisfactory proof" required by a statute, in order to authorize a justice of the peace to issue an attachment, is meant legal evidence, and not the creditor's oath. Van Steenbergh v. Kortz, 10 Johns. 167. Proof, in Scotch law, corresponds to evidence in English law; and to lead proof is to produce evidence. Paterson. Proof of debt. The formal establishment, by a creditor, of a debt due to him from an insolvent estate, usually under the bankrupt laws; but also against a deceased person or a partnership or company in liquidation. Proof of deed. This phrase has, in the United States, a technical sense different from that naturally suggested, of any satisfactory evidence of the existence of the instrument. By what are known as recording acts (in probably all the states), deeds, mortgages, &c., which are not recorded are subject to rights of a subsequent purchaser or incumbrancer in good faith and without notice; and to entitle an instrument to be placed on record the execution of it must be formally certified by an authorized officer, either on a personal acknowledgment by the grantor, or on testimony of a subscribing witness. The phrase, proof of a deed, when used with relation to this proceeding, imports that, instead of the grantor's acknowledging the execution in person, the subscribing witness attended before the commissioner, justice, or notary, and testified to the authenticity and sufficiency of the execution. It may mean either the testimony thus given, or the certificate which, by custom, the officer indorses on the deed, showing that its genuineness and right to be recorded was thus established. Proof of will. This signifies the formal establishment before the court or officer having charge of estates of the genuineness of the will; or sometimes his certificate admitting the will to operation. It is used interchangeably with probate, q. v.

practice, is the conviction or persuasion of the mind of a judge or jury, by the exhibition of evidence, of the reality of a fact alleged; as, to prove, is to determine does not exist. 8 Toull. n. 2; Ayl. Parerg. 442; 2 Phil. Ev. 44, n. (a). Aylitf defines judicial proof to be a clear and evident declaration or demonstration, of a matter which was before doubtful, conveyed in a judicial manner by fit and proper arguments, and likewise By all other legal methods; first, by proper arguments, such as conjectures, presumptions, indicia, and other adminicular ways and means; and, secondly, by legal method, or methods according to law, such as witnesses, public instruments and the like. Parerg. 442.