lingame. 146 Mo. 207 48 S. W. 72: State v. Poten. so N. C. 701; Blough v. Parry, 144 Ind. 463, 43 N. E. 560. Evidence which suffices for the proof of a particular fact until contradicted and overcome by other evidence. Code Civ. Proc. Cal. 1903, § l833. Evidence which, standing alone and unexplained, would maintain the proposition and warrant the conclusion to support which it is introduced. Emmons v. Bank, 97 Mass. 230. An inference or resumption of law, affirmative or negative of a fact, in the absence of proof, or until proof can be obtained or produced to overcome the inference. People v. Thacher. 1 Thomp. & C. (N. Y.) 167. —Probable evidence. Presumptive evidence is so called, from its foundation in probability. —Real evidence. Evidence furnished by things themselves, on view or inspection, as distinguished from a description of them by the mouth of a witness; e. g., the physical appearonce of a person when exhibited to the Jury, marks, scars, wounds, finger-prints, etc. also the weapons or implements used in the commission of a crime, and other inanimate objects, and evidence of the physical appearance of a piece (the scene of an accident or of the commission of a crime or of property to be taken under condemnation proceedings) as obtained by a jury when they are taken to view it —Rebutting evidence. Evidence given to explain, repel, counteract, or disprove fact given in evidence by the adverse party. Davis v. Hamblin, 51 Md. 539; Railway Co. v. Wales, 5 O. C. D. 170: People v. Page, 1 Idaho, 195: State v. Fourchy, 51 La. Ann. 228. 25 South. 109. Also evidence given in opposition to a presumption of fact or a prima facie case; in this sense. it may be not only counteracting evidence, but evidence sufficient to counteract, that is, conclusive. Fain v. Cornett. 25 Ga. 186. —Relevant evidence. Such evidence as relates to, or rests directly upon, the point or fact in issue, and proves or has a tendency to prove the proposition alleged: evidence which conduces to prove a pertinent theory in a case. Platner v. Platner. 78 N. Y. 95: Seiier v. Jenkins. 97 Ind. 438: Levy v. Carnpbeii (Tex.) 20 S. IV. 196; State v O'Neil, 13 Or. 183. 9 Pac. 286: 1 Whart. Ev. § 20 —Satisfactory evidence. Such evidence as is sufficient to produce a belief that the thing is true: credible evidence: that amount of proof which ordinariiy produces a moral certainty or conviction in an unprejudiced mind; such evidence as. in respect to its amount or weight is adequate or sufficient to justify the court or jury in adopting the conclusion in support of which it is adduced. Thayer v. Boyle. 30 Me. 481; Wallker v. Collins, 59 Fed. 74, S C. C. A. 1; U. S. v. Lee Huen (D. C.) 118 Fed. 457: People v. Stewart, 80 Cal. 129. 22 Pac. 124: Pittman v. Pittman. 72 Ill. App. 503. —Second-hand evidence. Evidence which has passed through one or more media before reaching, the witness; hearsay evidence. —State's evidence. A popular term for testimony given by an accomplice or joint participant in the commission of a crime tending to criminate or convict the others, and given under an actual or implicit promise of immunity for himself —Substantive evidence is that adduced for the purpose of proving it fact in issue, as opposed to evidence given for the purpose of discrediting a witness. (i. e., showing that be is unworthy of belief.) or of corroborating his testimony. Best, Ev. 246. 773. 803 —Sustitutionary evidence. Such as is admitted as a substitute for what would be the original or primary instrument of evidence: as where a witness is permitted to testify to the contents of a lost document. —Significiant evidence. Adequate evidence; such evidence, in character, weight, or amount, as will legally justify the judicial or official action demanded; according to circumstances, it may be "prima facie" or "satisfactory" evidence, according to the definitions of those terms given above. Moore v. Stone (Tex. Civ. App.) 36 S. W. 910; Peopie v. Stern, 33 Misc. Rep. 4 . 68 N. Y Sup 1. 732; Maliery v. Young. 94 Ga. 804, S. E. 42: Parker v. Qverman. 18 How. 141. 5 L. Ed. 318: State v. Newton, 33 Ark. 284. —Traditionary evidence.' Evidence derived from tradition or reputation or the statements formerly made by persons since deceased, in regard to questions of pedigree, ancient boundaries, and the like, where no living witnesses can be produced having knowledge of the facts. Lay v. Nevilie, 25 Cal. 554.
EVIDENCE OF DEBT. A term applied to written Instruments or securities for the payment of money, importing on their face the existence of a debt. 1 Rev. St. N. Y. p. 599, § 55.
EVIDENCE OF TITLE. A deed or other document establishing the title to property, especially real estate
EVIDENTIARY. Having the quality of evidence; constituting evidence; evidencing. A term introduced by Bentham, and, from its convenience. adopted by other writers.
EVOCATION. In French law. The withdrawal of a cause from the cognizance of an inferior court, and bringing it before another court or judge. In some respects this process resembles the proceedings upon certiorari.
'EWAGE. (L. Fr. Ewe, water.) In old English law. Toll paid for water passage. The same as aquage. Tomlins.
EWBRICE. Adultery; spouse breach; marriage breach. Cowell; Tomilns.
EWRY. An office in the royal household where the table linen, etc., is taken care of. Wharton.
EX. 1. A Latin preposition meaning from. out of, by. on, on account of, or according to.
2. A prefix, denoting removal or cessation. Prefixed to the name of an office, relation, status, etc., it denotes that the person spoken or once occupied that office or relation, but does so no longer, or that he is now out of it. Thus, ex-mayor, ex-partner, ex-judge.
'3. A prefix which is equivalent to "without." "reserving," or "excepting." In this use, probably an abbreviation of "except." Thus. ex-interest. ex-coupons.
"A sale of bonds 'ex. July coupons‘ means a sale reserving; the coupons; that is, a sale in which the seller receives, in addition to the purchase price, the benefit of the coupons, which benefit he may realize either by detaching them or receiving from the buyer an equivalent consideration." Porter v. Wormser. 94 N. Y. 445.
4. Also used as an abbreviation for "exhibit." See Dugan v. Trisler, 69 Ind. 555.
