Rebut

To contradict; to do away. Thus, every homicide is presumed to be murder unless the contrary appears from evidence which proves the death; and this presumption it lies on the defendant to rebut, by showing that it was justifiable or excusable. Alls. Sc. Crim. Law, 48. may be rebutted by evidence. Otherwise called a "disputable" presumption. A species of legal presumption which holds good until disproved. Best, Pres. § 25; 1 Greenl. Ev. §33.

To contradict; to do away.

In pleading and evidence. To rebut is to defeat or take away the effect of something. Thus, when a plaintiff in an action produces evidence which raises a presumption of the defendant's liability, and the defendant adduces evidence which shows that the presumption is ill-founded, he is said to "rebut it." Sweet. In the old law of real property, to rebut was to repel or bar a claim. Thus, when a person was sued for land which had been warranted to him by the plaintiff or hla ancestor, and he pleaded the warranty as a defense to the action, this was called a "rebutter." Co. Litt 365a; Termes de 1a Ley.

— Rebut an equity. To defeat an apparent equitable right or claim, by the introduction of evidence showing that, in the particular circumstances, there is no ground for such equity to attach, or that it is overridden by a superior or countervailing equity. See 2 Whart. Ev. § 973.

To repel; to meet or counteract the effect of opposing allegations or'evidence.

6 To contradict, oppose, do away with; to adduce counter testimony or proof. Rebut an equity. To impose a construction upon an instrument at variance with the superficial tenor.' 1 Harrison v. Rowan, 3 Wash. 584 (1830), Washington, J. See also Fatton u Hope, 37 N. J. E. 527-28 (1883). " L. res, a thing. See Ees. » On the use of " real " and " personal " in English law, see 4 Law Quar. Bev. 394-408 (1888). 4 Lorillard ii. Silver, 25 Barb. 132 (1861). See also Stanford v. Greene County, 18 Iowa, 220 (1865). » Read v. Clarke, 109 Mass. 83 (1871). Rebuttal. As a briefer expression than " rebutting evidence," and also as referring to the time for introducing such evidence, has gained general recognition. Whence " as rebuttal," "on rebuttal," " in rebuttal." Rebutter. In pleading, defendant's answer to a sur-rejoinder. Sur-rebutter, Plaintiff's answer to a rebutter, i Rebutting. Referring to evidence, sometimes means contradictory only, at other times conclusive or overcoming.^ Rebutting evidence is evidence adduced to rebut a presumption of fact or of law, that is, to avoid its effect; also, any evidence adduced to destroy the effect of prior evidence, whether by explanation or direct denial.*

To contradict, meet, or oppose allegations, charges, or evidence; to adduce counter-proofs. Rebutter: the name, in the system of common-law pleading, of the answer interposed by defendant to plaintiff's surrejoinder. Rebutting: that which contradicts or disproves. Thus, rebutting evidence is evidence introduced by one party to meet and overcome the effect of what has already been adduced by the other. Rebutting evidence is evidence adduced to rebut a presumption of fact or law; that is, to avoid its effect. But the word is also used, in a larger sense, to include any evidence adduced to destroy the effect of prior denial, or by an attack upon the character of the witness who has given it. 3 Steph. Com. 539. Rebutter is also where a man, by deed or fine, grants to warranty any land or hereditament to another, and the person making the warranty, or his heirs, sues him to whom the warranty is made, or his heir or assignee, for the same thing. If he who is so sued plead the deed or fine with warranty, and pray judgment if the plaintiff shall be received to demand the thing which he ought to warrant to the party against the warranty in the deed, &c., this is called a rebutter (Termes de la Ley); and if I grant to a tenant to hold without impeachment of waste, and afterwards implead him for waste done, he may debar me of this action, by showing my grant, which is rebutter (Co. Entr. 284; Co. Lit. 365). Jacob.