A presumption of law is a juridical postulate that a particular predicate is universally assignable to a particular subject. A presumption of fact is a logical argument from a fact to a fact; or, as the distinction is sometimes put, it ls an argument which infers a fact otherwise doubtful from a fact which is proved." 2 Whart. Ev. § 1226. See Code Ga. § 2752. And see Home Ins. Co. v. Weide
, 11 Wall. 488. 20 L. Ed. 197
; Podolski v. Stone, 186 III. 540, 58 N. E. 340; Mclntvre v. Ajax Min. Co., 20 Utah, 323. 60 Pac. 552 ; U. S. v. Sykes (D. C.) 58 Fed. 1000; Sun Mut. Ins. Co. v. Ocean Ins. Co.
., 107 U. S. 485
, -1 Sup. Ct. 582, 27 In Ed. 337; Lyon v. Guild, 5 Heisk. (Tenn.) 182; Com. v. Frew, 3 Pa. Co. Ct. R. 496.
Presumptions of law are rules which, in certain cases, either forbid or dispense with any ulterior inquiry. 1 Greenl. Ev. § 14. Inferences or positions established, for the most part, by the common, but occasionally by the statute, law, which are obligatory alike on judges and juries. Best, Pres. § 15.
Presumptions of law are divided into conclusive presumptions and disputable presumptions. A conclusive presumption is a rule of law determining the quantity of evidence requisite for the support of a particular averment which is not permitted to be overcome by any proof that the fact is otherwise. 1 Greenl. Ev. f 15; In S. v. Clark, 5 Utah, 226, 14 Pac. 288; Brandt v. Morning Journal Ass'n. 81 App. Div. 183, 80 N. Y. Supp. 1002.
These are also called "absolute" and "irrefuttable" presumptions. A disputable presumption is an inference of law which holds good until it is invalidated by proof or a stronger presumption. A natural presumption is that species of presumption, or process of probable reasoning
, which is exercised by persons of ordinary intelligence, in inferring one fact from another, without reference to any technical rules. Otherwise called "praesumptio hominis." Burrill, Circ. Ev. 11, 12, 22, 24.
Legitimate presumptions have been denominated "violent" or "probable," according to the amount of weight which attaches to them. Such presumptions as are drawn from inadequate grounds are termed "light" or "rash" presumptions. Brown.