accepting as sufficient a postmistress' testimony that she affixed the postmark to a mailing
How later courts described this case
- accepting as sufficient a postmistress' testimony that she affixed the postmark to a mailing
- accepting testimony of a postmistress who affixed the postmark to the envelope containing the return
- testimony of postmistress who affixed postmark
- testimony of postal employee who affixed postmark to return
Written by the judges who cited it.
The opinion
COHEN, J., concurring: I agree with the result in this case because of (1) the rare concurrence of events by which petitioner was able to prove to the satisfaction of the trial judge the date of the postmark without physical evidence, and (2) respondent’s failure to present evidence that the return was not delivered.
Hamblen, Jacobs, Parr, and Ruwe, JJ., agree with this concurring opinion.