PROOF

Proof, in civil p:roce , is a suf• ficient 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 Js 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 a matter which was before doubtful, conveyed in a judicial manner by fit and proper arguments, and likewise by all other legal methods-Fir~t, by fit and proper ar,guments, such as conjectures, presumptions, rndioia, and other adminicular ways and means; aecondly, by legal meth• ods, or methods according to law, suc:h as witne es, public instruments, and the like. AyL Par. 442. For the distinction between "proof," "evidence," "belief," and "testimony,'' see Ev1- DENCE. -Burden of proof. See that title.-Full proof. See Fur.L.-Half proof. See HALF. -Preliminary proof. See PRELIMINARY.- Positiv,e 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. 6741 Schrack v. McKnight, 84 Pa. 30.-Proof or 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 Qr property to be divided, BUch as the estate of a bankrupt or Insolvent, a deceased person, or a firm or company in liquidation.-Proof of wilL A term having the same meaning as "probate," (q. 11.,) and used interchangeably with it. PROPATRUUS, Lat. In the -civil law. A great-grandfather's brother. Inst. 3, 6, 3; Bract. fol. 68b. -Propatrnns magnns. In the civil law. A great-great-uncle. ' [s. 961]