§ Sec. 24-4-22. Presumption arising from failure to produce evidence

§ 24-4-22. Presumption arising from failure to produce evidence

 

If a party has evidence in his power and within his reach by which he may repel a claim or charge against him but omits to produce it, or if he has more certain and satisfactory evidence in his power but relies on that which is of a weaker and inferior nature, a presumption arises that the charge or claim against him is well founded; but this presumption may be rebutted.